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Attorney Shawn Taylor

Family members could collect benefits as well

On Behalf of | May 8, 2019 | Social Security Disability |

If an individual in West Virginia or any other state receives disability benefits, family members may also collect benefits. Children, current spouses and former spouses of the recipient may be entitled to up to 50% of the recipient’s benefit. The extra benefits are capped at up to 180% of a disabled person’s monthly payment, and a former spouse who receives a payment won’t count toward that limit.

There are criteria that these eligible parties must meet to receive payment. A biological or adopted child must be under the age of 18 and not married. Children who are under 19 and still in high school can also receive payment. Spouses must be at least 62 and caring for a child who is either disabled or under the age of 16. Former spouses must be at least 62 to collect a benefit check, and they must have been married to a disability recipient for at least 10 years.

Anyone who has a mental or physical condition caused by an injury or any other reason may be entitled to receive disability benefits from the federal government. Those who are interested in receiving benefits must first apply for them and show evidence that a condition makes it impossible to work for at least 12 months. In some cases, an examiner will assume that the injury will last for at least 12 months or longer.

If an application is denied, it is possible to appeal the decision. It may be best to do so with the help of a legal professional who understands the disability benefit system. A lawyer may help to ensure that paperwork is filed on time and that an individual has the right type of evidence to prove that a condition exists.