Am I entitled to a benefit based on my ex-spouse’s record if I care for a disabled adult child?Published: December 2, 2020
Full question: I am age 60, disabled, retired and receive disability from SSA. My ex-spouse over 20 years is disabled and receives disability from SSA. I have been caring for our disabled son since age 16 and he is now 29 receiving benefits from his dad’s record as a disabled adult. Can I receive benefits from my ex-spouse record for our disabled child?
I am assuming from the information given that your ex-spouse’s disability benefit is greater than yours and that is why your son is collecting benefits based on his record.
As a “young” (less than age 62) ex-spouse caring for a disabled adult child, you may be entitled to ex-spousal benefits if they are greater than the disability benefit you are collecting.
The same condition applies when you turn 62. If your own disability benefit is less than an ex-spousal benefit would be, then you may be eligible to collect the greater amount.
It is always recommended that you work with a professional to get personalized advice for any situation, but especially a complex one. You can work with a RSSA by visiting RSSA.com.
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