All family members are affected when someone is no longer able to work due to a disability. Some people may not realize that, in certain circumstances, if you receive social security disability benefits, some members of your family may also be able to receive benefits as part of your record.
Attorney Brian Steed Tatum is very familiar with the Social Security disability process and understands the eligibility requirements that must be met in order to receive benefits. Contact our offices today for a case evaluation. If your family members meet certain requirements, they may be able to receive benefits based on your record.
Social Security Disability Insurance
Social Security Disability Insurance pays benefits to you and certain members of your family, if you are insured. Essentially, you are insured if you worked long enough and regularly paid social security taxes. These benefits are only available for individuals who are totally disabled and unable to do any substantial gainful activity.
When someone begins receiving disability benefits, certain members of his or her family may qualify for benefits on the disabled person’s record. Family benefits may be paid to spouses, divorced spouses, children, disabled children, and adult disabled children. A spouse may be eligible for benefits if the spouse is 62 years old or older or at any age if they are caring for the beneficiary’s child who is under 16. A divorced spouse may receive benefits if the beneficiary and the ex-spouse were married for at least 10 years, the ex-spouse is at least 62 years old, the ex-spouse is unmarried, and if the ex-spouse is not eligible for equal or higher social security benefits.
Children may also be eligible to receive social security disability benefits from a parent if the child is under 18 years old, or is a full time student in high school and between 18 and 19 years old. Also, disabled children are eligible to receive familial benefits if they are disabled and their medical condition meets the definition of a disability of an adult. Those benefits will continue for adult children who were disabled before the age of 22.
Each family member may be eligible for a monthly benefit up to 50% of the primary beneficiary’s disability rate. However, there are limits to the amount that a family can be paid. Generally, the most that can be recovered by a family is approximately 150%–180% of the beneficiary’s disability benefits, depending on the number of family members who qualify to receive a benefit.
North Carolina and South Carolina Social Security Disability Attorney
If you or a family member meets the above criteria, disability benefits may be available. Going through the disability benefits application process alone can be demanding for anyone who has a serious medical condition. At the Tatum Law Firm, we want to help make this process go as smoothly as possible and help you obtain your benefits quickly.
Our experienced Social Security disability attorney Brian Steed Tatum has helped many clients determine eligibility for them and their family. He guides and counsels his clients through the long and sometimes difficult process of obtaining benefits. Having an experienced attorney at your side can truly help make this process a little easier and less stressful.
For a free case evaluation, please contact our offices. We can be reached online or by phone at (704) 307-4350.