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Kevin Ramos
January 10, 2023

Can both spouses in a couple collect Social Security disability benefits?

Social Security disability benefits are a vital source of income for many individuals who are unable to work due to a physical or mental disability. However, what happens if both spouses in a couple are disabled and unable to work? Can they both collect Social Security disability benefits?

The short answer is yes, it is possible for both spouses in a couple to collect Social Security disability benefits. However, there are certain rules and regulations that must be followed in order for both spouses to receive these benefits.

First, it is important to understand that Social Security disability benefits are available to individuals who have worked and paid into the Social Security system for a certain amount of time. In order to qualify for Social Security disability benefits, an individual must have worked and paid Social Security taxes for a total of at least five of the ten years prior to becoming disabled.

If both spouses in a couple meet this requirement and are approved for Social Security disability benefits, they can both receive these benefits. However, the amount of the benefits will depend on each spouse's individual work history and earnings record.

In addition to receiving their own individual benefits, a disabled spouse may also be eligible to receive a portion of their spouse's Social Security benefits if their spouse is also receiving disability benefits. This is known as a "spousal benefit." The amount of the spousal benefit is based on the disabled spouse's spouse's work history and earnings record.

For example, if one spouse in a couple has a higher earnings record and has paid more into the Social Security system, the other spouse may be eligible to receive a higher spousal benefit. However, it is important to note that the disabled spouse's own benefit amount will be reduced by the amount of the spousal benefit they receive.

In addition to receiving spousal benefits, a disabled spouse may also be eligible for survivor benefits if their spouse passes away. These benefits are available to a disabled spouse if they were married to their spouse for at least nine months and are at least 50 years old. The amount of the survivor benefits is based on the deceased spouse's work history and earnings record.

It is important to note that a disabled spouse may only receive one type of benefit, either their own individual benefit or a spousal benefit, but not both. If a disabled spouse is eligible for both types of benefits, they will receive the higher of the two.

In addition to the requirements mentioned above, there are other eligibility requirements that must be met in order for an individual to receive Social Security disability benefits. These include having a physical or mental condition that is expected to last for at least one year or result in death, and being unable to perform any type of work due to the disability.

It is also important to note that the process of applying for and receiving Social Security disability benefits can be complex and time-consuming. It is generally recommended that individuals seeking these benefits work with a qualified Social Security disability attorney to ensure that their application is completed correctly and to increase their chances of approval.

In summary, it is possible for both spouses in a couple to collect Social Security disability benefits, as long as they meet the eligibility requirements and have a qualifying physical or mental disability. Each spouse may receive their own individual benefits based on their own work history and earnings record, and a disabled spouse may also be eligible for spousal and survivor benefits based on their spouse's work history and earnings record. While the process of applying for and receiving these benefits can be complex, working with a qualified disability attorney can increase the chances of approval and help ensure that all necessary documentation is completed correctly.

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