Good Morning,
I have a client who was recently divorced. During the marriage, her husband received social security disability benefits and she received her own benefits during the marriage as his spouse. It is my understanding, based on my research, that she no longer qualifies to receive these benefits now that they are divorced, as she does not fit the below criteria because she has not reached age 62.
- have been married to you for at least 10 years;
- be at least 62 years old;
- be unmarried; and
- not be eligible for an equal or higher benefit on his or her own Social Security record, or on someone else's Social Security record.
So my first question is, am I correct that she should not be receiving social security disability benefits now that they are divorced?
Next, my client has been receiving the benefits for the past few months since the divorce as she believed she was supposed to.
Has any one dealt with this issue before? In the event that I am correct that she shouldn't be receiving the benefits, I would like to advise Social Security and provide them with a copy of the JOD. Any thoughts?
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Alex Miller, Esq.
Morristown NJ
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