Tuesday, August 4, 2009

Disability payments to wife, while husband is also disabled?

Can someone who knows michigan law tell me. My father has received disability payments for a few years. Now my mother has filed for disabiliy also. Can you tell me how the benefit amount is calculated?? Will they both receive separate checks?? Does some of my moms benefit come out of my dads benefit?? can't seem to get any answers
Answers:
Disability is federally regulated not state regulated. Some states have additional programs to help those with disabilities but SSI is paid by the federal government and the rules are the same in every state.

Yes they can both file. No one doesn't come from the others. They will receive seperate checks. The calculators can be found on their website as well as answers to most questions. If you want further detailed information you can give them a call.

http://www.ssa.gov/
If a husband is disabled, and he has children under 16 years of age, the spouse can receive benefit called CHILD IN CARE if she is not working over the earnings limit to receive benefits. IN 2007 the earnings limit is $12,960 a year or $1080 a month. When that child reaches age 16, the spouse is no longer eligible for benefits as a child in care status. Now, if that child is over 16 yrs of age is diagnosed as disabled and not able to care for his/herself then the child in care status can be extended and she can receive the payment, but the child has to be found disabled and unable to care for her/himself. Now this is another topic, your mom cannot receive any benefits from your dads record as a disabled person but when your dad turn 62 and your mom is 62 she can receive benefits under your dad, if she is not eligible for benefits under her own record (ssn). I hope this helps.

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