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Will Getting Divorced Affect SSDI Benefits?

SSDISocial Security Disability Insurance (SSDI) is an insurance program conducted by United States government. It is funded by tax recovered from payroll and managed by the Social Security Administration. It provides income supplements to people who are physically challenged in their ability to work because of a remarkable physical or mental disability.

SSDI service can be rendered on either a temporary or permanent basis, depending upon the fact whether the person’s disability is temporary or permanent.

Eligibility and requirement for SSDI

As per norms of the Social Security Administration, a person is treated as qualified to receive SSDI benefits if:

* He or she has a physical or mental condition that prevents him or her from engaging in any “substantial gainful activity”

* The condition is expected to persist at least for last one year or result in death, and

* He or she is under the age of 65

* They have accumulated 20 social security credits in the last 10 years prior to the onset of disability (four credits per year)

* They have furnished Medical evidence that establishes the applicant’s inability to work

Payment of SSDI benefits:

The amount that each recipient receives monthly is based upon an average of past earnings. The calculation is based on the average indexed monthly earnings (AIME) which is used to calculate the primary insurance amount.

Legal help/ Social security attorneys:

Applicants may hire a lawyer to help them apply or appeal. According to the Social security Administration (SSA), most SSDI claimants engage lawyer as disability representative known as social security attorneys for their SSDI application or appeal.

These Social Security attorneys assist SSDI claimants as under:

* Assisting claimants with initial SSDI application along with filing application with the Social Security Administration

* Filing appeals with appeals council or courts as the case may be

* Analyze the case under federal Social Security Disability regulations

* Protect applicant’s rights to a hearing before court or council

Medical care:

SSDI beneficiary is also entitled to receive medical care on certain terms and conditions under federal Medicare program. Medicare benefits include:-

* Indoor hospital and nursing care

* Medication

* Doctor’s fees

* Other medical services

Spouse’s Benefits:

SSDI benefit may be extended to one’s spouse subject to following conditions:-

  • He or she is married to their spouse for at least ten years
  • He or she spouse is at least 62 years old
  • The spouse is not remarried, and
  • The spouse is not entitled to a larger benefit under his or her spouse’s own Social Security record.

Effects of divorce on SSDI benefits:

If anyone receives SSDI benefits based on one’s own earning’s record, his or her benefit will not be affected by the divorce. If, however, he or she is liable to pay child support or alimony, a portion of their benefit may be cut down to fulfill those responsibilities.

If any spouse is receiving SSDI auxiliary benefits, there are different grounds on which one’s payments could be affected by divorce. If he or she was receiving spousal benefits while he or she was married, the payments will not be affected unless they were married for less than ten years, they get remarried, or they become eligible to receive a larger Social Security payment on their own work record.

If any ex-spouse qualifies for Social Security Disability Insurance, he or she may be eligible to receive divorced spouse’s benefits subject to the following:-

* They were divorced less than two years ago;

* He or she is married to the person for over ten years;

* They are at least 62 years old

* They are currently unmarried

* They are not eligible for a larger Social Security payment on their own record.

Survivor’s Benefits:

If any ex-spouse is deceased, survivor spouse is eligible to receive auxiliary benefits on his or her record. To do so, one must meet the following requirements:

* He or she was married to his or her ex-husband or wife for at least ten years;

* He or she is at least 50 years old and disabled or over 60;

* He or she is not remarried

* He or she is not eligible to receive a larger Social Security payment on his or her own record.

Thus we checked out all the SSDI benefits in each single case in of a divorce. So after this you all your doubts should be perfectly clear and resolved, and in case if you come across any issues, you can always refer a lawyer or your financial advisor who can perfectly guide you in all your issues.

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