Claiming disability benefits after divorce

Medical Record Review

Claiming Disability Benefits after Divorce Social Security rules are rather complex. This article looks into the mechanics of claiming disability benefits after one’s divorce.

The SSA’s disability benefit program supports many disabled Americans, making their lives more comfortable. The inability to work is however, determined on the basis of a very stringent medical record review and expert medical opinion. Does divorce affect a person’s disability payments? It depends on whether he/she was receiving disability benefits on the basis of the spouse’s earnings record, on one’s own earning record or via the SSI program.

If one receives social security disability benefits based on his/her own work record, the payments will not be affected by a divorce. In case the person has to pay alimony or child support after a divorce, this amount will be given from the disability benefits. Social Security rules are rather complex and disability lawyers can help one clearly understand the minute details. Since the disability determination involves reviewing a number of healthcare records, legal professionals make use of expert medical review services to speed up the overall record retrieval and analysis processes.

Types of Benefits Received – an Important Factor Considering social security dependents benefits, whether these will be affected by divorce depends on the types of benefits one is receiving. 

The payment should not stop for a person receiving a spouse’s benefit when he/she was married (being 62 years old or older), and would continue as a divorced spouse’s benefits. However, this payment would stop if the person was married for less than ten years, gets remarried, or becomes eligible to receive a larger SS benefit under one’s own work record.

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If a person was not receiving a spouse’s SS benefit, he/she may be able to obtain dependent social security benefits on the basis of the ex-spouse’s work record provided the marriage lasted for at least ten years, the person is at least 62 years old, remains unmarried and is not entitled to a larger benefit under his/her own social security record.

Social security dependents benefits are available only if the person’s former spouse qualifies for SSDI benefits or retirement benefits. However, if one’s ex-spouse has not yet applied for the benefits, one is eligible to receive dependents benefits provided it has been at least 2 years since the divorce and both are at least 62 years old.

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What if the Ex-spouse Dies If one’s divorced ex-spouse dies, he/she may be eligible for disability benefits if the ex-spouse was fully insured for SS benefits, and if one meets the following requirements. 

The marriage lasted for at least ten years

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As surviving spouse, one is at least 60 years old, or at least 50 years old and disabled,

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Is not entitled to a larger benefit under one’s own social security record,

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Has not remarried, and

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Is caring for the ex-spouse’s child below the age of 16 who is receiving SSDI benefits on the ex-spouse’s work record (this is known as mother’s or father’s benefit).

One’s ex-spouse’s marital status at the time of his/her death doesn’t affect one’s ability to receive surviving ex-spouse SSDI benefits. However, this eligibility becomes null and void if one remarries before the age of 60 or before the age of 50 if one is disabled. In case the later marriage ends because of death, divorce or annulment before the death of one’s ex-spouse, Social Security would disregard that marriage and continue to give one the ex-spouse benefits.

If one remarries after reaching 60 years of age, or 50 years if one is disabled, it does not affect the eligibility to receive surviving ex-spouse SSDI benefits.

SSI Benefits after Divorce SSI (Supplemental Security Income) benefits, being a need-based benefit, may in fact increase when one divorces. SSI eligibility and amount is determined on the basis of the amount of resources available to a person including the spouse’s income and contribution towards one’s living expenses. However, if one wins alimony or spousal support after the divorce, this amount will be considered as part of one’s unearned, countable income towards the SSI limit when determining whether the payment amount should change.

www.mosmedicalrecordreview.com

1-800-670-2809