Who Is Entitled to Social Security Disability Benefits?
Disability laws
Social Security is a program of the U.S. federal government that pays benefits to people unable to work due to a medical condition. Disability law states this must be a medical condition expected to last at least one year or result in death. Federal disability laws require this very strict definition of disability. Furthermore, according to Social Security law, some family members of disabled workers may also receive a Social Security disability benefit.
While some programs provide Social Security disability benefits to individuals suffering from partial or short-term disability, Social Security does not.
Earnings requirements for disability benefits
Social Security laws state that, in order to receive disability benefits, you must meet two separate earnings tests:
- A recent work requirement based on your age at the time you became disabled
- A duration of work test that shows you worked long enough to receive Social Security benefits
Certain workers who are blind need only meet the duration of work test according to Social Security laws.
Benefits for family members
Under Supplemental Security Income (SSI) disability law, certain family members related to a disabled individual may also qualify for a Social Security benefit. These include the following relatives of the disabled:
- A spouse, if 62 or older, or of any age if caring for a child of the disabled who is younger than age 16 or is also disabled
- An unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild, who is under 18 or 19 if attending elementary or secondary school full time
- An unmarried child, age 18 or older, if s/he has a disability that started before age 22
- In some instances, a divorced spouse may qualify for benefits if s/he was married to the disabled individual for at least ten years, is not currently married, and is at least age 62
Contact Eric Buchanan & Associates, PLLC, Attorneys at Law, to discuss how Social Security disability benefits might pertain to you or a loved one.
