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| | |-+  What happens when two people collect on one record for survivors benefits
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Topic: What happens when two people collect on one record for survivors benefits  (Read 669 times)
ohtokyovogue
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« on: January 02, 2017, 03:00:45 AM »

Hello my fiance receives surviors benefits based on his father's record he gets 600 a month his mother is in an ssi/ spousal benefits appeal claim her hearing is in February if she were to collect on her husands (his fathers) record as well how would that affect his benefits thank you
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« Reply #1 on: January 02, 2017, 05:46:59 AM »

There are family maximum rules.

https://www.ssa.gov/policy/docs/ssb/v75n3/v75n3p1.html

He needs to find out what the family maximum is (& then determine how much he is receiving of it) to determine if it will decrease his benefit amount.  Since his father is deceased (& therefore not drawing benefits), it will help his benefit amount.  However, his benefit amount is relatively low so the father may have a short work history as well & have a low family maximum.
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Age at Application: 26 age of onset (but I did not apply until 28)
Date Applied: August 2011
First Approval/Denial Date: November 2011
Additional Info: I was fortunate to be approved on my initial application due to extensive medical records (12+ doctors) & documentation of unsuccessful work attempts even with significant accommodations
ohtokyovogue
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« Reply #2 on: January 02, 2017, 04:05:07 PM »

Thank you I read the article it said for survivors if there is over 3 people it starts to affect it I appreciate your time helping me happy new year Smiley
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« Reply #3 on: January 02, 2017, 04:56:51 PM »

Thank you I read the article it said for survivors if there is over 3 people it starts to affect it I appreciate your time helping me happy new year Smiley

It can be affected when there are less than 3 people.

For example, normally children receive 50% of their parent's SSDI benefit.  However, we have had a couple recent posters who have not had a high enough family maximum for even 1 dependent to draw benefits on their account with them.

In order to get an answer of whether it will change his DAC benefit amount, he really needs to go to SSA. While normally his SSI share would increase if the DAC decreased (since he is already receiving both), since you are planning on marrying & the SSI will stop, he should find out.
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Age at Application: 26 age of onset (but I did not apply until 28)
Date Applied: August 2011
First Approval/Denial Date: November 2011
Additional Info: I was fortunate to be approved on my initial application due to extensive medical records (12+ doctors) & documentation of unsuccessful work attempts even with significant accommodations
Different Perspective
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« Reply #4 on: January 02, 2017, 08:06:28 PM »

This is out of my area of expertise so I suggest those interested in the primary question do additional research.

Is your fiancé receiving survivor's benefits because his father died before your fiancé's 18th birthday, or is he receiving disabled child benefits because he was found disabled before the age of 22 and his father died, retired, or became disabled?
 
It is my understanding that if your fiancé is receiving disability benefits because he was disabled before age 22 and his father died, is retired or disabled, your fiancé's benefits will cease upon marriage.   

"What happens if the adult child gets married?

"If he or she receives benefits as an adult disabled since childhood, the benefits generally end if he or she gets married. However, some marriages (for example, to another adult disabled child) are considered protected."
  (https://www.ssa.gov/planners/disability/dqualify10.html)

If the fiancé is under age 18 he may be eligible for survivor's benefits if he is unmarried or less than 19 if he is a full time in elementary or secondary school.   (See https://www.ssa.gov/pubs/EN-05-10008.pdf)  Again, this is not my area of expertise so it is advised that anyone in circumstances described in the original post of this thread contact SSA for guidance but it appears the original question may be moot if the survivor [in high school and under age 19] or the beneficiary marries.  (NOTE - survivor and beneficiary are two different terms with two different meanings.)

Social Security Disability Insurance (SSDI) benefits for adults disabled since childhood The SSDI program pays benefits to adults who have a disability that began before they became 22-years old.

"We consider this SSDI benefit as a “child’s” benefit because it’s paid on a parent’s Social Security earnings record.
"For a disabled adult to become entitled to this “child” benefit, one of his or her parents:
"• Must be receiving Social Security retirement or disability benefits; or
"• Must have died and have worked enough to qualify for Social Security.
"These benefits also are payable to an adult if he or she is disabled at age 18, and if they received dependents benefits on a parent’s Social Security earnings record prior to age 18. We make the disability determination using the disability rules for adults."
  (https://www.ssa.gov/pubs/EN-05-10026.pdf)
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Additional Info: My Different Perspective comes from a lifetime of being near, working with and for those with disabilities, working for the Easter Seal Society, working for the Disability Determination Services (20+ years) and working as a case assistant to an attorney who, until he retired, worked on SSA disability cases exclusively and have attended approximately 185 Hearings. I have great empathy for the truly disabled and greater antipathy for those who try to game or scam the system. With my background, I quickly make distinctions between the two. I am ready to admit my error as soon as the evidence proves me wrong. Any posts I make are based on my experience, memory and current research. Anything, particularly opinions, I post should be verified by someone who has access to the entire case record and not just selected shorts offered by those seeking information, preferably by a competent attorney or non-attorney representative who thoroughly understands SSA law.
Lit Love
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« Reply #5 on: January 02, 2017, 08:16:10 PM »

DP, the exception to the DAC beneficiary marrying rule is when it's to another SSI/SSDI/SS beneficiary.  I believe the OP has researched this already.
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ohtokyovogue
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People helped 2
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« Reply #6 on: January 04, 2017, 01:31:43 PM »

Thanks for the information I guess I read the article wrong this is all so confusing I know we need to contact ssa directly I have on the portion of the DAC benefits for the both of us which us protected and his ssi will be reduced I understand that it's just this new issue that came to mind thank you everyone
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