Last page edit 12/17/07

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Social Security Spousal Benefit

Name    Social Security Spousal Benefit
Non-Financial Eligibility Conditions   You must be the spouse of a wage earner who is receiving retirement or disability benefits, and meet one of the following:
  • you were married at least one year or
  • you had a child with the wage earner or
  • you were already eligible for Social Security benefits on another account in the month before the marriage
    •

    PLUS

  • you are 62 or older or
  • you have the wage earner's child who is entitled to benefits in your care, and the child is either
  •  under 16 or
  • is disabled.
    •
    • Income Eligibility Conditions   None
    Asset Eligibility Conditions   None
    Benefit   One- half the wage earner's "full benefit" amount. The full benefit amount is based on the wage earner's work history. In 2007, the maximum wage earner's monthly benefits is $2,116

    Estimating the wage earner's Social Security Benefits.
    Apply At   Social Security office.  Locate your Social Security Office
    Appeals

    		  
  • You can appeal any denial, termination, or reduction of benefits
  • You must file an appeal within 60 days of the date of the written notice with which you disagree.
  • In addition, you have a 5 day "grace period" to allow for the mailing of the notice to you, making the total amount of time you have to file an appeal 60+5 days.
    •
    Source of the Funds   Social Security Trust Fund
    You Also Would Be Eligible For   None
    Sources of Law

    		  

    Federal Law: 42 U.S.C. § 402(b) & (c)

    Federal Regulations: 20 C.F.R. §§ 404.330 to .333  

    Federal Policy Materials 
    Other  
    Source: Maryland Legal Assistance Network (MLAN)

    Date of last legal review April 2007 (MLAN/GG)
     
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