Social Disability Lawyer Blog

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Disability Insurance | Spouse with Mental Disability

Disability claims for Spouse with mental illness
About a quarter i.e., 1/4th of the people who ultimately file for disability benefits who have mental impairments are granted benefits.

The Social Security Administration is aware of the many kinds of mental illnesses that come as you age older. Therefore, here are multiple mental illnesses listed in the Blue Book online such as Acute Anxiety disorder, panic attacks, schizophrenia, post traumatic stress disorders (PTSD) and much more which could interfere with your work life balance

Yet sadly, most of the denied cases in SSDI claims are from mental illnesses. This is not because mental illness is any less of a disability but because they are much harder to prove through medical records especially if people rarely went to their doctors or followed a prescribed medicine.

So depending on whether or not you have enough credits in your work history your spouse may get SSDI benefits on your earnings if you get eligible under SSDI benefits in following situations:
  • Your spouse is over 62 years of age

If your spouse is 62 years or older when you start receiving your disability benefits or get qualified under SSDI after following through the vigorous process, then he/she can also receive benefits under your earnings. If he/she could get a higher benefit on his/her own earnings then they would have to apply to their own disability claims through SSA.

  • Caretaker of a minor under 16 years of age

Your spouse would not get SSDI but would get spousal benefit if they are caring for your child under 16 years of age until the child gets 18. After that your spouse would only be able to continue receiving the benefits if they become eligible as widower or retirement benefits. However, if your spouse wants to get social security disability benefits after receiving spousal or retirement benefits then the SSA would cut or lower the SSDI benefit amount from the benefits already received under retirement or spousal benefits.

  • Caretaker of a disabled child

If your spouse is caring for your child who is disabled, he/she can get dependents benefits even if the child gets over 16 until he/she gets 18. During or after that, if the spouse wants to claim for social security disability benefits then they may have to prove to the SSA that they child is under their custody and through medical records that the child is disabled mentally or physically.

Your spouse is automatically entitled to 50% of your social security benefits earnings provided that the marriage lasted for more than ten years and if your spouse worked then they can only receive benefits under your earnings if the SSA has already paid them theirs.

Your spouse would have to produce their social security number and birth certificate to be able to apply for the above to the SSA. We recommend you or your spouse hire a professional Social Security Disability Attorney to guide you through the process for a successful application.

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Monday, 13 July 2020