If you are planning to or have recently gone through a divorce, then you might be wondering what will happen to your Philadelphia disability benefits. The good news is that you could be eligible to continue receiving disability benefits based on your ex-spouse’s work record, as long as you meet a few rules set up by the Social Security Administration (SSA). Consider talking to a Philadelphia Individual Disability Insurance Lawyer if you have any questions about this process.
Philadelphia divorces and disability benefits often come with concerns about losing portions of you or your ex-spouse’s disability benefits. The SSA already has this figured out and all you need to do to qualify for disability benefits based on your ex-spouse’s work history is meet a few minimal requirements. First, the marriage must have been going on for ten years and must end in an official divorce.
You must not be married, and your ex-spouse must remain eligible for disability benefits through the SSA. Your Social Security retirement benefits need to be less than the Social Security benefits you could receive based on your ex-spouse’s work history. Lastly, you need to be at least 62 or older.
While there are several requirements to continue receiving disability benefits after a divorce, there are also plenty of exceptions to these rules. If your marriage did not last ten years before the divorce, then you could still be eligible to receive disability benefits as long as you are raising a child under the age of 16 or a child with a Philadelphia disability. Do not panic if you are not 62 because you could still be eligible if you are unemployed while raising your ex-spouse’s child. This child must be under the age or 16 or disabled.
The last exception can save you if you are remarried. As long as your prior marriage ended due to death and you remarried after age 60, then you could still receive disability insurance based on your ex-spouse’s work record.
When it comes to cases where your ex-spouse passed away and you are a Philadelphia surviving divorced spouse, you could still receive disability benefits if the marriage leading up to the divorce lasted at least ten years. However, you can still receive disability benefits if your marriage did not last ten years and you are raising a child who is under 16 years old or disabled.
You can marry another person and still receive your deceased spouse’s disability benefits as long as you are age 60. Although, this same rule does not apply if you are age 50 and struggling with a disability and you will still be able to receive benefits despite being remarried before age 60.
If you are worried about losing your disability benefits after a divorce or the loss of your loved one, then consider seeking help from a Philadelphia Disability Lawyer who can answer your questions. Call Edelstein & Nelson at (800) – 300 – 0909 for a consultation today. Our Philadelphia disability attorneys can work with you to help you achieve the disability benefits you need.