Ask Larry

Could I Qualify For Disabled Adult Child's Benefits From My Father If My Husband Is Approved For Disability Benefits?

I’ve been disabled before age 22. I’m currently married. If my husband gets approved for social security would I be able to get adult child disability from my father who recently passed away? I’ve read you have to be unmarried but if you marry someone on social security you have a protected marriage and can get adult child disability. I didn’t know how it worked when your already married and during the marriage your spouse get social security if I’d be eligible to draw off my dad social security since I’ve been disabled since 18. I’ve never drawn off my dads social security other than when I was under 18 and living with him. I’ve never filled for adult child disability. I’ve been on ssi since I was 18.

Hi,

I'm sorry for your loss.

You can't become newly entitled to disabled adult child's (DAC) benefits if you're married. The only way that you can collect DAC benefits and be married is if a) your marriage occurred after your date of entitlement to DAC benefits, and b) the person that you marry is receiving Social Security benefits.

It sounds like the only way that you could potentially qualify for DAC benefits is if your entitlement date to DAC benefits precedes your marriage date, and if your husband's date of entitlement to Social Security disability benefits precedes the date of your marriage. I don't have enough information to know if that's possible in your case, so you may want to discuss your situation with a Social Security claims representative or technical expert.

Best, Jerry

Posted: 
Jan 5 2021 - 12:35pm
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