Hi Larry!
My partner has been receiving ssdi for some years now. We now live together with my son from a previous marriage and his oldest son. He also has a daughter who lives with her mother in another state. Both of his children are currently receiving auxiliary benefits, his sons will term soon after he graduates high school in a month or so. I just recently found out we were pregnant! With this bees we are excited but also concerned about applying for benefits for our child, and also how child care will work on our very limited means and what would happen if I have to leave the workplace to care for our child, as we are currently unmarried and I cannot receive spousal benefits. My income currently would exceed the limits for mother in care benefits, but if I stop working we would not be able to live off his current benefit and the new child’s benefit alone. Would it serve us to get married? Would me leaving the workforce and collecting mother in care benefits increase our income enough to survive? Thank you for any help!!

Hi,

I should preface by explaining that Social Security is my only area of expertise, so my response is limited only to the Social Security considerations involved with your current situation.

I can't tell you exactly how much difference it might make if you got married and qualified for child in care spousal benefits, but it probably wouldn't add much (if anything) to your total benefits. Since your partner is receiving Social Security disability benefits (SSDI), the maximum total amount of auxiliary (e.g. child, spouse) benefits that could be paid on his record would be 50% of his full SSDI rate (https://www.ssa.gov/OACT/COLA/dibfamilymax.html). And if there's only 1 auxiliary eligible, then that auxiliary could receive the entire 50%. But, if more than 1 auxiliary is eligible then the total amount available for auxiliaries would be split however many ways.

So, the answer to your question depends in part on whether or not other auxiliaries will still be eligible for benefits when your child is born. If your child is the only beneficiary eligible and then you qualified for child in care spousal benefits, your benefit amount would just reduce your child's benefit rate dollar for dollar. But, if there are other auxiliaries drawing then your qualifying for child in care spousal benefits could at least marginally increase the total amount that you and your child could receive.

For example, say John is drawing an SSDI benefit of $2000, and an additional $1000 is then available to be paid to auxiliaries. If John only has one child drawing benefits on his account, that child would receive the entire $1000. But, if a new wife and child were added to the mix then the $1000 would be split amongst them (i.e. $333 each).

By the way, in some cases it can be advantageous for a person receiving SSDI to file for reduced retirement benefits at age 62 if it would increase total family benefits as a result of the higher family maximum that can be payable when the worker is receiving retirement benefits as opposed to SSDI. I don't know if that could be applicable to your case in the future, but if so it's something to bear in mind and possibly discuss with a Social Security claims representative.

Best, Jerry