Both spouses can claim Social Security Disability Insurance (SSDI) benefits. However, in order to do so, each spouse must independently qualify for SSDI benefits. SSDI benefits consider the work history and earnings of each person who has worked and paid Social Security taxes for the required number of years.

The Family Benefit Amount

SSDI benefits may be limited by the family benefit amount, which restricts the total amount an individual and their own dependents are able to get from SSDI.

If both spouses are independently eligible for SSDI benefits and neither spouse claims the other’s benefits:

• the family benefit amount does not apply if the spouses have no dependents eligible to receive benefits based on the either of the spouses’ work histories, BUT
• the family benefit amount does apply if either or both of the spouses have dependents eligible to receive benefits based on either of the spouses’ work histories.

If the family benefit amount applies, it typically limits the SSDI benefits available to the family unit to 150 percent to 180 percent of the disabled person’s benefit amount.

How Does the SSA Calculate and Distribute the SSDI Family Benefit Amounts?

SSA calculates the SSDI family benefit amounts as follows:

• The disabled person’s benefit amount is calculated.
• SSA determines the applicable percentage to apply to the disabled person’s benefit.
• SSA applies the applicable percentage to the disabled person’s benefit amount to determine the total family benefit amount.

For example, suppose a person with a disability has a benefit amount of $1,000 monthly. SSA determines that the applicable percentage to apply is 150%. The total family benefit amount is then 150% of $1,000 monthly, or $1,5000 per month.

An individual with disabilities first receives 100 percent of their own benefit amount, and then each eligible family member can receive up to 50 percent of the individual with disabilities’ benefit amount, until the family unit reaches the total family benefit amount.

In the example above, $1,000 per month would go to the person with the disability, and the remaining $500 per month would be available for claims from eligible dependents.

SSDI Is Not a Needs-Based Program

If you and your spouse worked enough to qualify as SSA “insured” and can no longer work due to disability, you can both qualify for SSDI benefits. The benefit amount will depend on your average monthly earnings during your working years and does not take into consideration any unearned income you may be receiving. Individuals can collect continue to collect or begin to collect income from investments, rental properties, and other sources while receiving SSDI benefits.

How an Attorney Can Benefit Your Application Process

Retaining the services of an attorney when applying for Social Security Disability Insurance benefits can ensure that your application is properly prepared and your case presented in the most favorable light, maximizing your chances of approval. If your initial application receives a denial, a disability attorney can help with the appeals process.

If you would like to speak with an experienced elder law attorney for assistance in applying for SSDI or appealing a disability claim denial, please do not hesitate to contact our office at 1 (800) 680-1717. Without extensive knowledge of SSDI requirements, processes, timelines, and appeals, it’s difficult to receive benefits promptly. We look forward to the opportunity to work with you.