When applying for Social Security Disability Benefits, numerous factors will come into play when determining the amount of compensation the claimant will receive. One of the most critical factors will be examined is whether the claimant is married or divorced.
Current spouses may be able to file a successful claim for benefits under a disabled individual’s record if the spouse is over 62 years old. The spouse can file a claim for benefits at any age if they care for a child under 16 in the home.
The Social Security Administration says that benefits are payable to a former spouse if the individual:
- Was married to the other for more than 10 years
- Is over the age of 62-years-old
- Is currently unmarried and does not qualify for a higher benefit under their record
A disabled individual’s current spouse is eligible for benefits anytime a former spouse is awarded benefits.
Determining benefits for spouses can also become quite complex depending on that individual’s work record. That is why the Social Security Disability Attorneys with the law firm of Newlin Disability encourage anyone considering applying for such benefits or who has a claim denied in the past to discuss their legal options with an attorney as soon as possible.
