Indiana Social Security Disability Attorney
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Office Locations

Indianapolis, IN
8520 Center Run Road
Indianapolis, IN 46250
Tel: (317) 569-9644
Toll Free: (800) 809-3776

Evansville, IN
123 N.W 4th Street, Room 22
Evansville, IN 47708
Phone: (812) 425-3180

Fort Wayne, IN
323 West Berry Street
Fort Wayne, IN 46802
Phone: (260) 459-3100

Indiana Social Security Disability Attorney

If I win my disability claim, will my family members also be entitled to benefits?

It depends on the type of claim you won.  If you are awarded disability benefits only through the Supplemental Security Income (SSI) program, there will be no additional benefits for your family members.  If your disability benefits are awarded under Social Security’s other disability program, the Social Security Disability Insurance (SSDI) program, some of your family members also may qualify for benefits on your earnings record.  Such “auxiliary” benefits may be paid to:

  • your spouse if he or she:
    • Is age 62 or older, OR
    • Is caring for your child who is under the age of 16 or disabled.  Note that such benefits will stop usually stop when the child reaches age 16 unless the spouse is old enough to receive retirement benefits (age 62 or older) or survivor benefits as a widow or widower (age 60).
  • your divorced spouse if he or she
    • Was married to you for at least 10 years;
    • Is at least 62 years old;
    • Is unmarried; and
    • Is not eligible for an equal or higher benefit on his or her own Social Security record (or on someone else’s record).

Each family member may be eligible for a monthly benefit of up to 50% of your disability rate (subject to a family maximum based on your benefit amount and the number of eligible family members).  If the total of the benefits payable on your earnings record is more than the family maximum, the benefits to the family members will be reduced proportionately (but your benefit will not be affected).

Children’s benefits stop when children reach age 18 unless they are:

  • a full-time student at a secondary (or elementary) school; OR
  • Disabled.

It comes as a surprise to many clients that their divorced spouse may receive an auxiliary benefit based on their earnings record.   They usually are reassured to learn that their current family’s benefits will not be affected by any amount that their divorced spouse receives.

Your disabled adult “child” can receive SSDI benefits on your earnings record as long he or she remains disabled.   Such benefits are in addition to any SSI benefit that they may receive.