Effects of Marriage and Divorce On Social Security Disability Claims

October 23, 2013

When applying for Social Security Disability Benefits, there are numerous factors that will come into play when determining the amount of compensation the claimant will receive. One of the most important factors that will be examined is if the claimant is married or has been divorced in the past.

Current spouses may be able to file a successful claim for benefits under a disabled individual’s record if the spouse is over the age of 62-years-old. The spouse is able to file a claim for benefits at any age if they are caring for a child in the home who is under the age of 16-years-old.

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 own record

A disabled individual’s current spouse is eligible for benefits anytime a former spouse is awarded benefits.

The process for 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 Fleschner, Stark, Tanoos & Newlin encourage anyone who is considering applying for such benefits, or who have a claim that was denied in the past, to discuss their legal options with an attorney as soon as possible.