2dca attorney who was also husband represent wife in social security disability

How are lawyers'fees handled in SSDI and SSI cases?

Before we get to the survey results, a bit of background on how lawyers' fees are handled in SSDI and SSI cases: In almost all cases, disability attorneys are allowed to charge a fee only if they win the case. (This type of arrangement is called a contingency fee.) If you don't get benefits, the lawyer doesn't get paid.

Can a husband and wife both collect Social Security disability?

Home » Frequently Asked Questions » Can A Husband And Wife Both Collect Social Security Disability? A husband and wife can both collect Social Security Disability Insurance (SSDI) in Pittsburgh. It is also possible — but more difficult — for both to qualify for Supplemental Security Income (SSI) or for one to qualify under each program.

What happens if my spouse is disabled and can’t work?

If a disabled spouse is unable to work or become self-sufficient, the other spouse may be required to help meet those financial needs through alimony payments. How Will One Parent’s Disabilities Affect Custody?

Who can represent you in a social security case?

Representing Social Security Claimants. Every person has the right to be represented by an attorney or other representative while pursuing a claim or other rights under titles II, XVI, and XVIII of the Social Security Act.

How to apply for spouse's disability?

If your husband or wife's disability claim has already been approved, call the Social Security Administration (SSA) at (800) 772-1213 to apply for the spouse's S SDI benefit. You must provide the SSA with your birth certificate, your marriage certificate, your Social Security number (and that of the disabled worker), and your bank's routing information for direct deposit. If you are applying for a survivors benefit, you will also need to provide your deceased spouse or ex-spouse's death certificate or other proof from the funeral home.

How old is a spouse on Social Security?

If a spouse was married for at least a year to a disabled worker who died while receiving Social Security disability benefits, the surviving spouse can get benefits in either of these circumstances: The surviving spouse is 60 years old or older. The surviving spouse is disabled and between 50 and 60.

How much disability benefits do I get if I'm still living?

If the disabled worker is still living, a spouse generally receives 50% of the disabled worker's primary insurance amount (the amount of the husband or wife's monthly SSDI check), although if the disabled worker's children are collecting benefits at the same time, the spouse's benefit can be reduced. The total of the spouse's benefit and the children's benefit cannot be greater than the maximum family benefit, which is generally 150% of the disabled worker's monthly SSDI benefit. (Note that the benefits paid to a divorced spouse based on being over 60 or disabled are not counted toward the maximum family benefit and won't affect a current spouse's or child's benefits. However, benefits paid to a divorced spouse who is collecting a mother's or father's benefit are counted toward the maximum family benefit.)

What happens if a disabled person dies while receiving Social Security?

In addition, if a disabled worker dies while receiving Social Security benefits, the surviving spouse will receive a death benefit worth several hundred dollars if the surviving spouse was living in the same household.

What happens if a spouse gets divorced and remarried?

If a surviving divorced spouse gets remarried before age 60, however, Social Security benefits will be deni ed (unless the spouse was between 50 and 60 and disabled at the time of marriage). If the surviving divorced spouse gets divorced after age 60 (or age 50 if disabled), the Social Security Administration (SSA) will ignore the marriage.

How much does a surviving spouse get?

The amount varies between 75% and 100% of the deceased worker's monthly amount.

Can a spouse get SSDI if a disabled spouse dies?

Mother's or Father's Benefit. When an insured worker becomes disabled or dies while collecting SSDI, a spouse (or divorced spouse) can get benefits if the spouse cares for at least one child of the disabled worker who is under age 16 or disabled (if the disabled child is over age 22, the child must have been disabled since before age 22).

How to find out if my Social Security benefits were reduced after marriage?

If you're still not sure whether your marriage could affect your benefits, call Social Security at 800-772-1213 or visit your local Social Security office to talk to a field representative. Or, if you think your benefits were wrongfully terminated or reduced after you got married, contact a Social Security disability attorney or legal aid office near you.

Does marriage affect SSI?

Marriage itself doesn't affect your eligibility for SSI benefits, but if your new husband or wife has income, Social Security will attribute some of his or her income to you (this is called deeming spousal income ).

Can my spouse get SSI if I'm both receiving?

Because of SSI's strict income limits, your new spouse's income may make you ineligible for benefits, or reduce your benefits by the amount of your countable income. If you and your fiancé are both receiving SSI, you're likely to receive less money.

Does getting married lower your disability?

Answer: Whether getting married will stop or lower your disability benefits depends on whether you're collecting SSI disability benefits, Social Security disability insurance (SSDI) benefits, adult child benefits, or survivors benefits based on the record of your deceased spouse (or ex-spouse). Let's look at each situation.

Can you join a civil union if you are a domestic partner?

Domestic Partners and Members of a Civil Union. Your disability benefits won't be affected by joining a domestic partnership or civil union if your benefits are Social Security disability insurance benefits, adult child benefits, or survivors benefits.

Does getting married affect SSDI?

SSDI Benefits. If you worked long enough to be insured for Social Security disability insurance benefits under your own work record, getting married will not affect your benefit payments. SSDI does not have income or asset limits.

Can I get SSDI if I get married?

Adult Child Benefits. If you are receiving disability benefits under your parent's work record as an adult child, getting married will usually cause your SSDI benefits to stop. But if you marry a person with disabilities who is also receiving Social Security benefits, you may not lose your benefits when you get married.

What to consider when divorced with a disability?

When you consider separating from your spouse or filing for divorce, there are many things to consider, including each person’s finances and sharing custody of the children.

How to contact Infinity Law Group?

To talk with our divorce lawyers at Infinity Law Group, contact us through our online form or call (855) 941-0909.

What is alimony for spouse?

If your spouse has a disability that makes them unable to work, or means they have a lower earning potential than you, then your spouse may have a strong argument for seeking spousal support, otherwise known as alimony.

What is double dipping in divorce?

An issue that may arise during divorces involving disabilities is double dipping, which means a person’s income or an asset is used twice in two different calculations. From another perspective, double dipping means one spouse receives payment twice from a single asset or stream of income. For example, if the court has to calculate your child ...

Can you end a marriage with a disabled spouse?

If you intend to end your relationship with a disabled spouse, you are going to need to plan carefully. Divorces involving a spouse with a significant disability are often more complex than other divorces. The best thing you can do for yourself is to work with a highly experienced divorce lawyer who will review you with you the potential outcomes of the divorce and how they may impact your finances.

Can my spouse be my primary caretaker?

Your spouse may rely heavily on your income or health insurance. You may be their primary caretaker. All of these factors and others can impact your separation and divorce, which is why it is essential to speak with an experienced Boston divorce lawyer before making any decisions.

Can my spouse get Social Security without my income?

In connection with this, you should consider whether your spouse’s income can bear the cost of a caregiver alone or whether your spouse may need to apply for government assistance without your financial support. Your spouse may qualify for Social Security benefits without your income.

How does disability affect divorce?

How a disability may affect your divorce. Divorce is never easy, but it’s even more complex when either spouse is disabled. Your chances of getting divorced increase with the onset of either spouse’s disability. If you or your spouse has special needs, there can be additional issues to consider as part of your divorce case, ...

How does divorce affect SSDI?

How Will a Divorce Affect Social Security Disability Insurance Payments? In most cases, SSDI payments won’t change due to divorce. SSDI payments are based on a disabled spouse’s work record, the disability, and the disabled spouse’s age. Divorce does not change any of those factors.

What factors are considered when making alimony decisions?

In making a decision about alimony, a judge will consider factors like a disabled spouse’s need for frequent doctor visits, medications, and medical equipment. If a disabled spouse is unable to work or become self-sufficient, the other spouse may be required to help meet those financial needs through alimony payments.

Can a disabled parent pay child support?

A disabled parent won’t necessarily be off the hook for child support. Although one parent’s disability may affect their ability to earn income, a disabled parent’s worker’s compensation payments or Social Security Disability Insurance payments can count as income available to pay support.

Do SSDI payments continue after divorce?

If you have received your spouse’s SSDI benefit during your marriage, those payments will continue after your divorce, unless:

Can I get Social Security if my ex-husband dies?

If your disabled ex-spouse dies, you may still be eligible for SSDI survivor benefits. Many of the same criteria as above are required: you’re over 62, married for 10 years or more, you’re not entitled to a larger Social Security benefit, and you haven’t remarried.

Can a disabled spouse get spousal support?

A disabled spouse may be entitled to additional spousal support or alimony in a divorce. The rules governing alimony vary from state to state. Generally, a court will award alimony if one spouse has a substantial financial need and the other spouse has the ability to pay support.

How much can a spouse receive in SSD?

The most any spouse can receive in monthly SSD or Social Security benefits is 50% of the qualifying worker’s payment amount. Here’s an example of how that works: Janet, Bob’s wife, just turned 63. She stopped working 10 years ago to care for an aging parent.

Who does Janet apply for SSD?

Janet applies for SSD benefits through Bob, her spouse. As Bob’s spouse, Janet can qualify for a maximum of $1,000 in monthly SSD benefits. The SSA then applies the early retirement reduction formula to that $1,000 spousal benefit.

How much does a disability lawyer cost?

Our survey showed that the overall average attorney's fee was $2,900 in SSI cases.

How much do disability attorneys get paid?

Even though disability attorneys' fees are usually capped at $6,000, nearly seven in ten of our readers (68%) told us their attorneys received less than that amount. The overall average was $3,750—quite a bit lower than the cap. For those whose initial application was approved, the average was even lower: $3,100. When a case went to an appeal hearing, the average amounts were higher. More than half of readers who got an award after a hearing decision reported that their lawyers were paid the maximum of $6,000, with an average fee of $4,600.

What happens if you don't get disability?

If you don't get benefits, the lawyer doesn't get paid. But if the Social Security Administration (SSA) approves your disability application, it will pay your attorney a percentage of your past-due benefits (or " backpay "). For cases that are resolved at the hearing stage and have a fee agreement, there's an upper limit on the lawyer's fee: 25% ...

Is it easy to get disability?

It isn't easy to get Social Security disability benefits, and the application process can be complicated and lengthy. But our survey showed that having a lawyer nearly doubled applicants' chances of getting an award. Of the readers who hired a lawyer at some point along the way—to help with the application and/or represent them at the appeal hearing—60% were ultimately approved for benefits, compared to 34% of those who didn't have a lawyer's help. (For more details, see our survey results on whether a disability attorney is worth it .)

Do disability lawyers charge fees?

When Disability Lawyers Don't Charge Anything. Aside from the fact that lawyers generally won't receive a fee if their clients don't get an award for Social Security disability, a few of our readers' attorneys didn't take any payment even when they won the case.