Ask Larry

Will I Be Able To Get DAC Benefits Once I'm Divorced?

Hi, I have been disabled since birth. My father unexpectedly passed away in 2019 and my mother gets Widower's Benefits. I was married in 2008, but I am now in the process of getting divorced and it should be finalized within a month to 3 months. I have been separated from my ex-husband & in separate homes since May 2018.

Once my mom found out that I filed for divorce, she said that I needed to apply for DAC benefits after my divorce is final because she was told that I will qualify for DAC Benefits once my divorce is finalized due to being disabled since birth..

I currently receive SSI, so I'm wondering if I'll be able to get DAC Benefits once I'm divorced? My minor son also receives SSI due to being disabled since birth, does my son qualify for anything from my father's Benefits?

Would I still receive my son's SSI as well as my SSI if I qualify for DAC Benefits? Thank you for your time.

Hi,

I'm sorry for your loss.

As long as you've never previously received child or disabled adult child's (DAC) benefits from your father's Social Security account, then yes you could potentially qualify for DAC benefits once your divorce is final. Your son could only qualify for survivor benefits on your father's account if a) he was adopted by your father, or b) your son's father is also disabled or deceased, and your son lived with your father and received at least one-half of his support from your father in the year prior to your father's death (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0325.html).

If you do become entitled to DAC benefits, those benefits would offset your Supplemental Security Income (SSI) benefits roughly dollar for dollar. Whether or not it might affect your son's SSI benefits depends on the amount of your DAC benefits.

Best, Jerry

Posted: 
Jan 19 2021 - 12:05pm
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