Maximum Derivative Benefits Of An Ex
Every family member or ex-spouse who qualifies under SSAs terms for SSDI may be entitled to up to 50 percent of ones disability amount. However, the government caps the total amount to which any one family is entitled. The cap depends on how many members of a family also qualify for benefits based on their relationship to the main recipient.
Although the actual amount fluctuates year-to-year, its generally somewhere around 150 to 180 percent of the underlying disability benefit.
So for example, lets say your ex-spouse qualifies for derivative benefits. You receive $1200 in benefits. Fifty percent of that would be $600 and the total cap would be somewhere around $1,800 to $2,160. If its just your ex receiving those benefits, theyd likely get the full 50 percent in that scenario. However, if you had another dependent also entitled to 50 percent, they could not also receive $600 because there would only be $360 remaining. In that case, each recipients derivative benefits would be decreased proportionately. Instead of each getting 50 percent/$600 or one getting 50 percent and the other 30 percent/$360, each would likely get $480/month, or 40 percent.
The disabled recipients benefits wouldnt be impacted in either situation.
So if you have an ex-spouse entitled to receive benefits, it wont impact the amount you receive even if you are now remarried.
Social Security Disability Retroactive Pay
In addition to the back pay described above, you may be eligible for retroactive benefits once your Social Security disability application is approved. Retroactive pay is paid from the alleged onset date of your disability until the time that your application is approved. Retroactive Social Security disability benefits can easily result in thousands of dollars and it is, therefore, important that you know about your right to fair retroactive compensation.
Before you apply for Social Security disability retroactive pay, it is important to know:
A lawyer can help you submit strong documentation about your onset date and ask for a reconsideration of an established onset date if it is incorrect.
You Refuse To Cooperate
Your medical records are vital to granting your disability. If you refuse to release those records to the SSA, your claim will likely be denied. Similarly, the SSA may need additional information about your impairments, either because your treating doctor’s medical records are incomplete or because you have no regular treating doctor. In these instances, the SSA will request that you be examined by an SSA doctor, during something called a consultative examination , at government expense. In some cases, the SSA will require you to attend more than one CE. If you refuse to attend or request that the SSA make a determination based on the medical records already in your file, you may be denied disability because of inadequate medical information or failure to attend the CE.
If you can’t make it to a scheduled CE because of the time or location, talk to your claim examiner so the DDS can schedule a CE at a time or place that is convenient for you. If you repeatedly fail to show up for a CE, your claim will most likely be denied.
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How Can I Find Out More About Ssdi
- Visit www.ssa.gov online choose disability
- Visit ssabest.benefits.gov to learn about Social Security benefits you might be eligible for including SSDI
- Go to your nearest Social Security office
You can find out how much you would get from SSDI by looking at your Social Security statement. The statement shows your work history and an estimate of what your benefits would be at this time. To get a Social Security statement:
- Request a statement online through Social Securitys website at www.ssa.gov. Click on My Social Security on the left side of the page.
Note that SSDI is different from SSI . SSI is for people with disabilities or who are at least 65 years old and who have limited income and resources. See our information on Supplemental Security Income .
You Earn Too Much Income
For SSDI, which is the benefit program for workers who have paid into the Social Security system over multiple years, one of the most basic reasons you could be denied benefits is that, when you apply, you are working above the limit where it is considered “substantial gainful activity” . This means you earn too much money to be considered disabled. You are allowed to work a small amount when you’re applying for and collecting SSDI, but not over the SGA limit, which is $1,310 per month in 2021 . The figure is adjusted annually. Income from investments does not count toward the SGAonly work income counts, as it shows your ability to work.
As to SSI, which is the disability benefit for low-income people, when you apply for SSI, you can’t be making over the substantial gainful activity level . But there’s a limit on all earned and unearned income for SSI, around $1,600 per month, that applies both when you’re applying for benefits and when you’re collecting benefits. And any time your income is over $85 per month, your SSI payment will start to be reduced, by a somewhat complicated formula. If you make more than about $1,650, your payment would be reduced to zero in other words, you won’t qualify for SSI.
How Much Work Do You Need
In addition to meeting our definition of disability, you must have worked long enough and recently enough under Social Security to qualify for disability benefits.
Social Security work credits are based on your total yearly wages or self-employment income. You can earn up to four credits each year.
The amount needed for a work credit changes from year to year. In 2021, for example, you earn one credit for each $1,470 in wages or self-employment income. When you’ve earned $5,880, you’ve earned your four credits for the year.
The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. However, younger workers may qualify with fewer credits.
For more information on whether you qualify, refer to How You Earn Credits.
Benefits For Your Children
When you qualify for Social Security disability benefits, your children may also qualify to receive benefits on your record. Your eligible child can be your biological child, adopted child, or stepchild. A dependent grandchild may also qualify.
To receive benefits, the child must:
- Be unmarried.
- Be under age 18 or
- Be 18-19 years old and a full-time student or
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How Has The Covid
Working people with disabilities experience disproportionate job loss, compared to workers without disabilities, during economic downturns,39 and SSI applications generally increase when the unemployment rate increases . This trend held during the Great Recession and subsequent economic recovery.40 One exception to the general trend is the period from 2003 to 2007, when SSI applications continued to rise despite falling unemployment.41 Possible explanations for this anomaly include factors such as the lagged effect of federal welfare reform leading TANF enrollees to switch to SSI and persistently high poverty rates.42 The same study also found that the likelihood of applying for SSI significantly increases during extended periods of high unemployment.43
Figure 7: Percent change in SSI Applications Filed by Adults Ages 18-64 and U.S. Unemployment Rates, 1991-2019
Potential Benefits After Divorce
At most, you can collect half of the benefits your ex-spouse would be entitled to at their full retirement age. The retirement age varies depending on the year your ex-spouse was born. Your potential recovery will also be reduced if you apply for benefits before you reach your own retirement age.
If you wait until your full retirement age, you have the option to file what’s known as a restricted application. A restricted application allows you to accept the benefits available to you through your ex-spouse while allowing your own personal benefits to continue to age. Once you reach the age of 70, you can switch to your own benefit amount if it is greater than what you were receiving. In the alternative, if you are older and it would result in a larger award for you, you are entitled to switch from your benefits to your ex-spouse’s.
The Social Security Administration makes it simple by comparing the amount of the benefits you are entitled to compare to what you would get from your ex-spouse and then awards you the higher amount. This decision is automatic, so there is no decision to be made on your end.
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.
Divorce is never easy, but we can help.
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Who Is Eligible For Social Security Disability Benefits
If you are suffering from a significant physical or mental impairment that prevents you from performing your job, you may qualify for Social Security Disability Insurance benefits. SSDI is a government program that provides compensation to workers who are injured and unable to work for at least one year .
Whether a condition is temporary or permanent, most individuals desperately need financial assistance to help replace lost income during a disability. However, applying for benefits can be challenging, as over 65% of initial applications are denied, even when an individual has a qualifying disability.
At The Law Offices of Mark T. Hurt, we have over two decades of legal experience and have helped countless clients secure SSDI benefits through initial claims and successful appeals. Whether you need help submitting an initial application or appealing a denial, we invite you to call our office to schedule a free consultation to learn how we can help improve your chances of obtaining disability benefits.
Can A Divorced Spouse Collect On Disability Benefits Or Social Security Income
Depending on a number of factors including the length of your previous marriage, you may be eligible to collect some of the Social Security benefits based on your ex-spouse’s prior earnings. However, the specific types of benefits you are entitled to vary depending on your earnings as well as the earnings of your prior spouse.
There are three primary types of benefits you can apply for: retirement, disability, and Supplemental Security Income . SSI is the only one of the three that is available to a person who didn’t pay into the Social Security system.
If you receive Social Security benefits based on your ex-spouse’s record, their own benefits won’t be reduced even if you collect benefits due to their record.
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Report The Death Of A Social Security Or Medicare Beneficiary
You must report the death of a family member receiving Social Security or Medicare benefits. The Social Security Administration processes death reports for both. Find out how you can report a death and how to cancel benefit payments. In addition to canceling SSA and Medicare benefits, find out what other benefits and accounts you should cancel.
Social Security Disability Attorney In Atlanta
Not everyone who is disabled is necessarily eligible to receiveSocial Security disability benefits. Unfortunately, due to the complexity of the government, oftentimes people who do meet the qualifications aredenied SSD benefits. If this sounds familiar to you, or if you have a loved one who has been unjustly denied benefits, an Atlanta Social Security disability attorney can help to determine the problem and offer solutions. The basic qualifications for Social Security disability benefits are that you have worked in jobs that are covered by Social Security and you have been paying into the system. This is determined by a “work credit” calculation. You also must have a medical condition that qualifies under the definition of disabled as generally described here:
- You are not able to do the work you did before your disability
- It is determined by the SSA that your medical condition prevents you from doing other types of work
- Your disability is expected to last 12 months or longer, or result in death
Short-term disabilities are not covered bySocial Security disability. If this seems complex, we understand. We have been working in this field for over 40 years and we can provide valuable assistance in preparing your application or assisting you with an appeal.
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Types Of Back Payments
Back payments are paid for the months between the date you applied for disability benefits and the date you were approved for benefits. Due to the number of people that are applying for disability benefits and the time it takes to process your application, there is usually a long delay between your disability application date and approval date. And for Social Security Disability Insurance benefits, there is five-month waiting period, so you are only eligible to receive back pay for any delay beyond the waiting period .
Another type of back payment that may be available to individuals who are receiving SSDI benefits are retroactive benefits. Retroactive benefits are paid for the months between when you became disabled and when you applied for Social Security Disability benefits. These are benefits that you were eligible for and would have received if you had applied for benefits earlier.
How Your Income Is Assessed For Disabilityallowance
DA is a means-tested payment.
In a means test the Department of Social Protection examines all yoursources of income. To get DA, your income must be below a certain amount.
The main items included in the means test are:
- Maintenance paid to you. More information is available in our document about how maintenance is assessed as means.
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How Long Does A Widow Receive Survivor Benefits
Widows and widowers Generally, spouses and ex-spouses become eligible for survivor benefits at age 60 50 if they are disabled provided they do not remarry before that age. These benefits are payable for life unless the spouse begins collecting a retirement benefit that is greater than the survivor benefit .
Benefits For Your Divorced Spouse
If you are divorced, even if you have remarried, your ex-spouse may qualify for benefits on your record.
To qualify on your record, your ex-spouse must:
- Have been married to you for at least 10 years.
- Be at least 62 years old.
- Be unmarried.
- Not be eligible for an equal or higher benefit on their own Social Security record, or on someone else’s Social Security record.
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How The Ssa Determines Social Security Back Pay
The Social Security Administration determines the amount of back pay to which youre entitled based on the date you filed your disability claim and when they approved your claim. The specific process for determining how much back pay youre entitled to depend on whether you were approved for Social Security Disability Insurance Benefits or Supplemental Security Income benefits, or both.
If the Social Security Administration approved you for SSDI benefits, they would provide your back pay in a lump sum. Unfortunately, the Social Security Administration is notorious for delays related to back pay. The date you will receive your back pay is unpredictable.
In some cases, the Social Security Administration deposits an applicants back pay before theyve notified the applicant that their claim has been approved. In other cases, applicants receive their typical monthly benefits before receiving back pay. SSI payments will not arrive in a lump sum. Instead, they will be paid out over time, incrementally. Recipients of back pay do not receive interest on the total back pay amount.
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Are Veterans Eligible For Social Security Disability Benefits
If you are a veteran of the military in the United States and suffer an injury, then you may qualify for as much as $3,400 per month in social security disability benefits in Milwaukee. These benefits are paid to veterans who have suffered injuries as a result of active duty, and also to those who have previous health issues which were exacerbated by active duty. Additionally, those who are injured as a result of care received at the Veterans Administration health care procedures or policies, you may also qualify for assistance.
Social security benefits for veterans in Milwaukee are tax-free, a major help to those who are hurt and in need of financial assistance. Not every veteran will qualify for the maximum benefit of $3,400 monthly there is a range of awards from $133 monthly to the maximum of $3,400. The amount of your award will vary based on the severity of your disability and the number of dependents you have, among other factors.
In addition, some veterans in Milwaukee can qualify for awards beyond the $3,400 amount in the event that they also have disabled spouses, or have a severe disability themselves, or other situation like dependent parents and/or children.
If you are needing hep obtaining Veteran Disability, Contact Tabak Law today!
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Social Security Income Eligibility
To receive SSI, you must have low income and be age 65 or older, blind, or disabled.
Disabled means you have a physical or mental condition that keeps you from working and is expected to last at least a year or to result in death. Children as well as adults can get benefits because of disability. When deciding if a child is disabled, Social Security looks at how their disability affects everyday life.
For more information about benefits for children, contact any Social Security office to ask for the booklet, Benefits For Children With Disabilities .
Blind means you are either totally blind or have very poor eyesight. Children as well as adults may receive benefits because of blindness.
Sometimes, a person whose sight is not poor enough to qualify for benefits as a blind person may be able to receive benefits as a disabled person if his or her condition prevents him or her from working.
To be eligible for SSI based on a medical condition you must:
Be a U.S. citizen or meet the requirements for non-citizens.
Be considered medically disabled. Find more information about medical disability online.
Be a resident of the 50 states, District of Columbia, or Northern Mariana Islands.
File an application.
File for any and all other benefits for which you are eligible.
Accept vocational rehabilitation services, if referred
If you are blind, only the first seven requirements would apply to you.
Eligibility for Caretaker Supplement benefits