Best Disability Attorneys in Dallas, TX

The good news is that your SSDI benefits are not affected by your marital status. If you are a spouse or child of the SSDI recipient and receive benefits as a dependent, however, a marriage or divorce could have an impact depending on the circumstances. For ex-spouses, a divorce won’t immediately disqualify you from continuing to receive the auxiliary SSDI benefits based on the primary recipient’s earning record, but remarriage will. If the ex-spouse marries someone who receives primary SSDI benefits, they may be entitled to auxiliary SSDI benefits as the new spouse’s dependent. Similarly, children of primary SSDI recipients are no longer eligible for benefits based on the primary SSDI recipient’s earning record once they marry. If you as a spouse or child of an SSDI recipient have your own qualifying earnings record and are otherwise eligible, you have the option of applying for SSDI benefits in your own right. This is advantageous if your earnings record entitles you to a higher amount. If you divorce and then get married to another SSDI recipient, you may want to revisit this issue based on what you can receive based on the new spouse’s earnings record. Note that there are different eligibility conditions and definitions with respect to these auxiliary SSDI benefits — for example, related to disability. Eligibility and proper calculation of SSDI benefits can be a life-altering matter, so you want to make sure you are in the best position.