Washington Social Security Disability Spousal Benefits Lawyers

When your spouse is sick or has lost their battle with a disabling condition, the grief and strain on your life can feel overwhelming.

It’s emotionally taxing, the uncertainty around your finances only brings more anxiety, and if you have children, concern for their well-being becomes all-consuming.

Financial help and relief from stress are available. You may be eligible to collect your own Social Security benefits based on a late spouse or a spouse receiving Social Security Disability benefits.

How much you receive depends on a complicated formula that takes many factors into account, including your age, both your and your spouse’s work histories, any disability you may have, and whether you’re now supporting a child your spouse cared for.

The Washington disability attorneys at Bothwell Hamill & Sutton, PLLC, have seen it all in over 40 years of helping people get disability benefits. We know how to navigate Social Security and help put your mind at ease.

If you’re wondering whether you qualify for survivor or disability benefits, we can evaluate your case for free.

How Do You Qualify For Social Security Disability Benefits If Your Spouse Can’t Work?

Your husband or wife can’t work because of illness or a debilitating condition and has successfully secured Social Security Disability benefits.

While this provides needed relief for your family, you might still struggle to make ends meet.

Spousal benefits can be an added lifeline for your budget and your dignity.

To be eligible, you must fall into one of two categories:

• You are 62 or older: You can receive disability benefits based on your spouse’s earnings record. Keep in mind, if you’re under your full retirement age, your retirement benefits will be reduced. You also may not be eligible if you could receive higher benefits based on your own work history.
• You’re caring for your spouse’s child: If that child is under 16 or had a disability before 22, it doesn’t matter how old you are – you can still collect spousal benefits without facing a retirement penalty. If you’re caring for a child with disabilities who is older than 22, you will have to show that the child had their impairment before that age for you to collect spousal benefits.

If you qualify, you can collect up to 50 percent of your spouse’s monthly disability payment.

That amount will be reduced if you have a child who is already collecting benefits based on your spouse’s work record. Social Security takes into account all the benefits your family receives and your own work history when determining what you’re eligible for.

If you and your spouse are divorced, you may still be eligible for benefits based on your spouse’s work record. In this case, Social Security requires you to have been married for at least 10 years, be 62 or older, be unmarried, and not be eligible for equal or higher benefits based on your own work record.

In every case, the math is complex and your situation is unique. The attorneys at Bothwell & Hamill understand this and provide the kind of individual care and attention that you deserve.

How Do You Qualify For Social Security Disability Survivor Benefits?

Losing a partner can make even the smallest daily decisions seem daunting. Losing their Social Security benefits can leave you lost about where to turn to next. And maybe you have a disability yourself that adds another layer of stress to an already emotional situation.

Social Security offers monthly benefits to widows or widowers whose deceased spouses contributed to Social Security when they worked.

How much you can receive, however, depends on a variety of factors. These include how old you are, whether you’re caring for a child your spouse cared for, and any disability you may have.

• If you have reached full retirement age, you’re eligible for 100% of your deceased spouse’s benefits.
• If you are at least 60 (50 if you have a disability), you’re eligible for a minimum of 71.5% of your spouse’s benefits.
• If you’re caring for a child under 16, you are eligible for 75% regardless of your age.

If you were divorced, you must have been married for at least 10 years to be eligible. And you can’t collect benefits if you’re under 50 and not caring for your spouse’s child under 16.

It’s a lot to wade through all the rules Social Security throws your way.

What Is The Social Security Family Maximum Benefit?

The family maximum limits how much your household can receive each month on one worker’s Social Security record. For a disabled worker’s family, the cap generally falls between 100% and 150% of the worker’s primary insurance amount. The exact figure depends on that worker’s earnings history.

The worker keeps the full disability payment when the family reaches the cap. Social Security instead lowers the amounts that eligible spouses and children receive. It divides the available amount among those family members based on their shares. Each person may therefore receive less when several relatives collect on the same record. Divorced-spouse benefits do not count toward this limit.

If several people in your household qualify, the cap can change what your family actually receives. A Washington disability attorney can explain how this rule may affect your expected payments.

Can Remarrying Affect Your Spousal Or Survivor Benefits?

Yes. Remarrying can change your right to collect benefits on a former or deceased spouse’s record.

A new marriage generally affects the benefits you receive as a divorced spouse. Survivor benefits follow different rules. If you remarry before age 60, you usually cannot collect survivor benefits from a deceased spouse while that marriage continues. If you have a qualifying disability, remarriage after age 50 may still allow disabled survivor benefits. Remarrying after age 60 generally does not prevent you from collecting survivor benefits from a prior spouse.

Because your age, disability status and benefit type all matter, review your situation before assuming what remarriage will do to your payments.

How Can You Apply For SSD Spousal Benefits In Washington, And What Documents Do You Need To Apply?

You can apply online in some cases, by phone or at a Social Security field office. The option available to you depends on the benefits you seek.

• Through SSA.gov: Complete the spouse application online if you are within three months of age 62 or older and meet the website’s requirements.
• By telephone: Call 1-800-772-1213 to begin your claim or arrange help from a representative.
• At a field office: Schedule an in-person visit at Yakima, Wenatchee or the Tri-Cities location after checking the SSA locator for current office details.

The Yakima office is at 801 Fruitvale Blvd. The Wenatchee office is at 129 S. Chelan Ave. The Tri-Cities field office is at 8131 W. Klamath Ct., Suite A, in Kennewick.

Social Security may also ask for records that show your identity, relationship and eligibility:

• Birth record: Provide a birth certificate or another accepted form of age evidence.
• Citizenship proof: Bring documentation of U.S. citizenship or lawful status when required.
• Marriage evidence: Supply a marriage certificate that confirms your relationship to the worker.
• Divorce decree: Present the final court order when you apply as a former spouse.
• Earnings papers: Provide your most recent W-2s or self-employment tax returns if required.
• Death documentation: Include proof of death when you seek survivor benefits.

Do not delay your application because one record is missing. Social Security can tell you what else it needs and help you obtain missing documents.

Could Your Family Use More Social Security Benefits? Schedule A Free Consultation With A Yakima SSD Spousal Benefits Lawyer.

At Bothwell Hamill & Sutton, PLLC, we can do the heavy lifting to help you get the survivors’ benefits you deserve, so you can focus on rebuilding your life.

Contact us if you’re in Yakima, Kennewick, Sunnyside, Spokane, Richland, Ellensburg, Wenatchee, Walla Walla or anywhere in central Washington. Call 509-606-6917 to schedule a free consultation.