Shouldn't I Be Able To Get Benefits To Help Take Care Of My Daughter?

Apr 7 2020 - 10:00am

My husband divorced me after 28yrs we were married:( My question is my daughter hasnt graduated yet but did turn 18 on 01/02/2020 and my direct deposit from childsupport office stopped even though I presented her transcript showing she was in virtual homeschool program, she is disabled and I want to reapply for ss benefits so as to help us financially survive shouldn't I be able to get benefits for help to take care of her? I'm awaiting Disability myself for epilepsy and psychiatric arthritis and I have artificial shoulder already too I'm 53 as of feb.28th, since SS agreed last year she was disabled and the childsupport stopped coming put of his payroll shouldn't I be able to get benefits for her or I through his ss since I dont have the supposed 40 work credits within last 10yrs ,I was stay at home mom raising our 2 children as he and i both wanted me to do.

Hi,

You can't be paid benefits from the Social Security record of a living ex-spouse prior to age 62 even if you have a child in your care. The earliest that you could qualify for divorced spousal benefits from your ex-husband's Social Security record is at age 62 (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). The only way that you could potentially qualify for benefits on your ex's record before then is if he dies.

The only way that your daughter could get benefits from your ex's record is if he's either drawing his Social Security retirement or disability (SSDI) benefits, of if he dies. Your daughter could then file for child's benefits on his record if she's a full-time student or if she's disabled.

If you don't have enough work credits to qualify for SSDI benefits and you have limited income and resources, then you may want to consider filing for Supplemental Security Income (SSI). SSI benefits can be paid to disabled people at any age if their income and resources are below the SSI limits. And, if your daughter is disabled then she could also apply for SSI. For more information about SSI, refer to the following Social Security website: https://www.ssa.gov/ssi/.

Best, Jerry