Can Ex-Spouse Collect Social Security Disability?
The question of whether an ex-spouse can collect Social Security disability benefits is a common concern for many individuals going through a divorce. Social Security disability benefits are designed to provide financial support to individuals who are unable to work due to a medical condition. However, the rules regarding eligibility for ex-spouses can be complex. In this article, we will explore the circumstances under which an ex-spouse may be eligible to collect Social Security disability benefits.
Eligibility Requirements
To determine if an ex-spouse can collect Social Security disability benefits, several factors must be considered. First and foremost, the ex-spouse must have been married to the disabled individual for at least ten years. Additionally, the disabled individual must have been entitled to Social Security benefits at the time of their death or have been receiving Social Security benefits on their own record.
Divorce and Eligibility
If the marriage ended due to divorce, the ex-spouse may still be eligible for Social Security disability benefits, provided they meet the above criteria. However, there are some important considerations to keep in mind. The ex-spouse must have been divorced for at least two years before applying for benefits, and the marriage must have ended due to death, divorce, or legal separation.
Benefits Amount
The amount of Social Security disability benefits an ex-spouse can collect is based on the disabled individual’s earnings record. The ex-spouse’s benefit amount will be a percentage of the disabled individual’s benefit amount, typically between 50% and 100%. However, if the ex-spouse remarries before the age of 60, their benefits may be affected.
Medical Conditions and Eligibility
To qualify for Social Security disability benefits, the ex-spouse must have a medical condition that meets the Social Security Administration’s definition of disability. This means that the condition must be expected to last at least one year or result in death. The ex-spouse must also provide medical evidence to support their claim.
Conclusion
In conclusion, an ex-spouse may be eligible to collect Social Security disability benefits under certain circumstances. It is essential to understand the eligibility requirements, the impact of divorce, and the medical conditions that qualify for benefits. Consulting with a Social Security attorney or benefits counselor can help ensure that an ex-spouse receives the financial support they need during their time of need.
