Social Security Disability

The Social Security system provides a monthly disability check to certain individuals who have worked long enough under the Social Security system and are totally disabled as per the definition in the Social Security Act. The disability must last or be expected to last at least 12 months or to result in death.

The Social Security Act defines "disability" as "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.





Question: If I am found disabled, can members of my family receive benefits as well?

If you would like to schedule a initial consultation contact an Kansas social security disability attorney, representing clients in Shawnee at McCullough, Wareheim & LaBunker, P.A. Give us a call at (785) 233-2362 or complete our inquiry form.


In certain circumstances the spouse, divorced spouse, children, adopted children and stepchildren can receive a monthly benefit as a consequence of a worker's entitlement to disability.

A spouse is eligible to be paid one-half (½) of her husband's monthly disability benefit if she files for spouses' insurance benefits, has attained the age of 62, or has in her care at the time of her application a child entitled to a child's insurance benefit based on the income record of the insured disabled worker.
Children of a disabled worker are entitled to a monthly benefit as long as the child is dependent upon the disabled worker, and the child is under the age of 18 or age 22 for full-time students. Children adopted before the disabled parent was found disabled are also entitled to children's benefits. Children adopted after the worker became disabled may be entitled to benefits in certain circumstances. Certain stepchildren who receive at least one-half (½) of their support from the disabled stepparent at the time the stepparent became disabled are also entitled to benefits.

Spouses' and children's benefits are paid up to the maximum of one-half (½) of the disabled worker's monthly benefit. There is also another cap on the benefits for the spouse and children. Through various formulas, the disabled worker's earning history under Social Security establishes what is called the Primary Insurance Amount and Family Maximum Amount. The Primary Insurance Amount is the amount of the disabled worker's monthly benefit. The Family Maximum Amount is the most that can be paid on account of the disabled worker to family members, regardless of how many family members qualify for benefits.

For example, assume the disabled worker's primary insurance amount is $800.00 and his Family Maximum Amount is $1,200.00. The disabled worker would receive $800.00 a month and any eligible spouse or children would split $400.00, which is the amount remaining up to the Family Maximum Amount of $1,200.00. Certain workers have the same Primary Insurance Amount as their Family Maximum Amount. If that is the case, the disabled worker receives his check but there is no additional money paid to any eligible spouse or children.

On behalf of McCULLOUGH, WAREHEIM & LaBUNKER, P.A. we hope this material will be of benefit to you in answering your questions relative to social security disability. Contact one of our SSD claims lawyers representing clients in Shawnee, Kansas (and throughout the State of Kansas) today to schedule a free consult on your file.

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