Ask Larry

Should We File For Benefits?

MY spouse is now receiving SSDI benefits of 2887 month, we have an adult disabled child who collects ssdi benefits on his own record earning 1134 a month ( unable to engage in sga) who lives with us and whom I care for. I have never been employed. MFB is around 4330 a month. SSA suggested he apply on fathers record since he would be paid the higher amount, but when I apply as parent caring for disabled child benefits the disabled child already getting benefits on their own record would be reduced if MFB is split with me. Should we file for benefits for parents record?
Thank You!

Hi. If your figures are accurate, the family maximum benefit (FMB) that would be available to pay you and your son would be $1443 (i.e. $4330 - $2887). If you file for child in care spousal benefits and if your son files for disabled adult child's (DAC) benefits, that amount would be apportioned equally to the 2 of you (i.e. $721.50 each). Since that amount is lower than your son's own Social Security disability (SSDI) benefit, he wouldn't be paid any DAC benefits. His portion of the FMB could be redistributed to you, though, allowing you to be paid a full half of your husband's SSDI rate (i.e. $1443).

Note that you couldn't qualify for child in care spousal benefits unless your son files for DAC benefits and is approved. He would then be technically entitled, meaning that his entitlement would be established but his DAC benefit rate would be zero. He would still, however, be paid his own SSDI benefits.

So, assuming that all of the information in your question is accurate then it certainly appears as though you and your son should both apply for benefits on your husband's record, assuming that you meet the requirements for unreduced child in care spousal benefits (https://secure.ssa.gov/apps10/poms.nsf/lnx/0301310001).

Best, Jerry

Category: 
Posted: 
Jan 3 2022 - 10:27am
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