question about back pay for spouse

[nobody]

What is the name of your state? tx
My wife was recently approved for disability with an onset date back to 2002. Social Security lists that the spouse is eligible under certain circumstances, which include the following,

"at any age if he or she is caring for your child under age 16 or disabled and receiving Social Security benefits. Your spouse would receive these benefits until the child reaches age 16. At that time, the child's benefits continue, but your spouse's benefits stop unless he or she is old enough to receive retirement benefits (age 62 or older) or survivor benefits as a widow or widower (age 60). "

Now we never were qualified for SSI and she was awarded only SSDI. My question is if the above reqiurment being met is enough to be eligible or is there a means test for SSDI like there is SSI? We are quite confused on this as we have gotten different answers. I could not find anywhere where a spouses income would be taken into consideration for SSDI. Any help is appreciated.

 

[BL]

I'm going to take a stab at this .

Under your SSDI , the child(ren) are entitled to a benefit .

If your spouse was disable also there are family amounts and limits .

You'd have to look around under SSA.GOV , or call the toll free # and ask what it means .

Your SSDI benefits are yours though .

 

[nobody]

This is straight from the SSA.GOV website - under the disability section. Doesn't say anything about a spouse having to be disabled too. Again this is not SSI.

http://www.socialsecurity.gov/pubs/10029.html#part7


Certain members of your family may qualify for benefits based on your work. They include:
Your spouse, if he or she is 62 or older;
Your spouse, at any age if he or she is caring for a child of yours who is younger than age 16 or disabled;
Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be under age 18 or under age 19 if in elementary or secondary school full time; and
Your unmarried child, age 18 or older, if he or she has a disability that started before age 22. (The child’s disability also must meet the definition of disability for adults.)
NOTE:
In some situations, a divorced spouse may qualify for benefits based on your earnings if he or she was married to you for at least 10 years, is not currently married and is at least age 62. The money paid to a divorced spouse does not reduce your benefit or any benefits due to your current spouse or children.

 

[nobody]

OK, I think I have answered my own question. Even the people at the local SS office are confused about this and I have read many places on the web that specifically state a spouse cannot receive SSDI benefits :

There are two exceptions - quoted directly from the Social Security Handbook Chapter 3. I also filled in the BEST questionaire on the SS website and it said I may be eligible if I meet the requirement that my benefits would not exceed those of my wife. Here is the link and the contents:

http://www.socialsecurity.gov/OP_Home/handbook/handbook.03/handbook-0305.html

305. When is a spouse entitled to spouse's insurance benefits on the worker's Social Security record?

As the spouse of an insured worker, you are entitled to spouse's insurance benefits if you meet the conditions below:

The worker is entitled to retirement or disability insurance benefits;

You have filed an application for spouse's benefits;

You are not entitled to a retirement or disability insurance benefit based on a primary insurance amount which equals or exceeds one-half the worker's primary insurance amount;

You either:

Are age 62 or over; or

Have in care a child under age 16 or disabled who is entitled to benefits on the worker's Social Security record; and

You meet one of the following conditions:

You have been married to the worker for at least one continuous year just before he or she filed the application for benefits;

You are the natural mother or father of the worker's biological son or daughter. This requirement is met if a live child was born to you and the worker. The child need not be living when you apply for benefits;

You were entitled or "potentially" entitled to spouse's (including deemed or divorced spouse's), widow(er)'s (including deemed widow(er)'s or surviving divorced spouse's), parent's, or childhood disability benefits based on the record of a fully insured individual under the Social Security Act in the month before the month you married the worker. You are "potentially entitled" if you meet all the requirements for entitlement other than filing of an application, and (in the case of spouse's, widow(er)'s, or parent's benefits) attaining the required age; or

You were entitled or potentially entitled to a widow(er)'s, parent's, or child's (age 18 or over) annuity under the Railroad Retirement Act in the month before the month you married the worker.

 

[SF439]

I would call social security 1800-772-1213 and ask