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Can I apply for SSD from my spouse’s earnings record?

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One of the major reasons that disabled individuals don’t get approved for Social Security Disability benefits is because of their work history. SSD is financed by employer and wage contributions, so when your case is evaluated, your employment records are important. When you work at a job that pays into Social Security, a portion of every paycheck is retained by the government and put towards the SSA. The amounts paid into Social Security are tallied as “work credits” and, depending on how much you have paid into SS and for how long, you could have a varying number of credits. To qualify for SSD, you must have earned enough work credits for a person of your age.

Under normal circumstances, an individual’s work record applies only to them. So, for example, you could only apply for Social Security Disability for yourself based on your own work record. Your spouse, child, or parent typically could not apply based on your earnings record. They would have to qualify based on their own work history.

However, there are exceptions for those with special cases or extenuating circumstances. For example, you can apply for SSD from your spouse’s benefits if: 1) you are a widow between the ages of 50 and 60 and 2) you meet the other technical qualifications for receiving widow’s disability benefits.

For a free legal consultation, call 412-661-1400

Another exception is made for spouses who are caring for minor children. If you are found to be disabled and if your spouse is not working or working very little and caring for your child who is under the age of 16, he or she will be eligible for benefits based on your work record. Your minor children will also be eligible for benefits up to a family maximum benefit calculated by Social Security. Similarly, if you are entitled to SSD or are receiving SS Retirement benefits and you have a child who is able to prove that they became disabled before the age of 22, your child may be able to receive benefits from your earnings record.

At Berger and Green, we have been helping our clients get the benefits that they deserve for 40 years. If you are wondering if you can apply for Social Security Disability based on a family member’s work record, call us today and find out how we can help you. 1-800-999-2626.

Call or text 412-661-1400 or complete a Free Case Evaluation form

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