Are you eligible to collect your ex-spouse's benefits?
Posted on:8/24/2009
Written By: Chris Robideaux
| It's as much a hot button issue as it has ever been. Social Security disability and retirement benefit is a crucial part of your financial and future well being. You might be asking --How do I qualify for benefits as a divorced spouse? |
It's as much a hot button issue as it has ever been. Social Security disability benefit is a crucial part of your financial and future well being. You might be asking --How do I qualify for benefits as a divorced spouse? The answer is you can receive benefits as a divorced spouse on a former spouse’s Social Security record if you were married to the former spouse for at least 10 years; are age 62 or older; are unmarried; or are not entitled to a higher Social Security benefit on your own record. In addition, the former spouse must be eligible to receive his or her own retirement or disability benefit. If the former spouse is eligible for a benefit but has not yet applied for it, you still can receive a benefit if you meet the eligibility requirements and have been divorced from the former spouse for at least two years. Generally, we won’t continue to pay benefits if you remarry someone other than your former spouse.
Can I receive retroactive benefits
Another query you may have is: I was disabled for a while several years ago. My health has since improved. Can I receive disability benefits for the time I was disabled? If you were disabled "several years ago,” but are not disabled now, you probably can’t get benefits at this point. Whether or not you are entitled to what we call a "closed period of disability” depends on when you became disabled and when you apply for Social Security disability benefits.
You may be entitled to a "closed period of disability” when medical evidence establishes you were unable to engage in substantial gainful work activity for a continuous period of 12 months, but by the time the disability decision is made, you have medically recovered. You must also meet the following requirements to be entitled to a closed period of disability: You must file an application within 14 months after the disability ended, or you must have filed an application between 15 to 36 months after the disability ended and you must show that your failure or inability to file a timely application was because of your physical or mental condition.