My ex-husband was killed in a automotive accident in November 2018. We had been married legally for 5 years. We received divorced so our daughter might get SSI. She has cerebral palsy.
After we divorced, we did not inform anybody apart from Social Safety. Not even his dad and mom knew we had been divorced. We had been planning on getting married once more on the justice of the peace after our daughter turned 18. Sadly, he was killed three months earlier than her 18th birthday.
I took care of his funeral, and I’m administrator of his property. My daughter attracts off of his advantages since she is disabled. I used to be advised I do not qualify. Is there a way round this?
I barely labored within the 20 years we had been collectively. I stayed residence to handle our daughter. She had countless physician appointments, bodily, occupational and speech remedy appointments, and a number of other surgical procedures. Even now it’s tough for me to discover a job round her schedule.
— Surviving Partner
Pricey Surviving Partner,
Sadly, the circumstances of your divorce don’t matter to Social Safety. For those who’re claiming retirement or survivor advantages primarily based on an ex-spouse’s document, Social Safety requires that the wedding final for a minimum of 10 years.
But it surely seems like it’s possible you’ll qualify for one thing referred to as Mom’s or Father’s Insurance coverage advantages after your heartbreaking loss. This system is run by way of Social Safety. It’s accessible to surviving spouses and ex-spouses who’re caring for the kid of a deceased employee who was absolutely insured. (In Social Safety parlance, “absolutely insured deceased employee” refers to somebody who died with sufficient work credit to qualify for advantages, which usually means they labored full time for a minimum of 10 years.)
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You possibly can obtain Mom’s or Father’s Insurance coverage advantages if the kid is youthful than 16 or, as in your case, the kid is an grownup who has a incapacity that started earlier than age 22. You don’t have to satisfy the 10-year marriage requirement, although it’s a must to stay single. The utmost profit is 75% of your late husband’s major insurance coverage quantity, which is the profit he would have certified for at full retirement age.
You’ll solely be eligible for this profit in case your daughter stays in your care. For those who suppose your daughter might be able to dwell independently sometime or that you could be not be capable of take care of her sooner or later, that’s vital to remember, notably in the event you don’t have sufficient work credit to qualify for Social Safety advantages by yourself.
Since being your daughter’s caregiver is clearly a full-time job, you additionally might be able to receives a commission as a caregiver. Many state Medicaid applications enable relations to earn cash as caregivers, although the principles fluctuate extensively by state. If that is an choice, you can earn Social Safety credit of your personal along with revenue.
Social Safety’s benefit eligibility screening tool is an efficient useful resource for confirming that you just qualify for Mom’s or Father’s Insurance coverage, together with some other advantages. The principles for varied Social Safety advantages are extremely complicated, even for individuals who cope with points like yours on daily basis. It wouldn’t shock me if Social Safety merely gave you incorrect data once they advised you that you just didn’t qualify for advantages.
I’m sorry that on prime of the tragic loss you and your daughter have endured, you’re left to navigate these bureaucratic mazes. I hope these choices will assist to fill the monetary void left behind.
Editor’s observe: Pricey Penny is on trip this week. This column was initially printed Sept. 29, 2021.
Robin Hartill is an authorized monetary planner and a senior author at The Nourishmoney. Ship your tough cash inquiries to [email protected].
