Widow and Widowers disability benefit claims

Portrait Of Smiling Woman — Social Security Disability Southfield, MI
Social Security Disability Claim — Social Security Disability Southfield, MI

Benefits for Disabled Widow/Widower

The death of a spouse can be both emotionally and financially devastating. However, it is important to know that when a person who is receiving regular Social Security Disability or retirement Social Security benefits passes away, the surviving spouse may qualify for survivor disability benefits if they are over the age of 50.

Eligibility Requirements

To be entitled to your deceased spouse's benefits as a disabled widow/widower, your deceased spouse must have worked enough in Social Security taxed jobs to insure his/ her family for survivor benefits. Usually you are not eligible for disabled widow/widower's benefits if you remarried before age fifty and are still married when you become disabled. Typically, you must also become disabled within seven years of the death of your spouse. Once you meet the non-disability requirements, you must then have a medically proven physical or mental condition which prevents you from gaining employment. your disability started before your spouse died or within seven years of your spouse's

Disabled Surviving Divorced Spouses

Disabled surviving divorced spouses who were married to a deceased insured worker for more than ten years are eligible under the same rules as widows/widowers. Social Security for disability can be paid to a disabled widow/widower and to a disabled surviving divorced spouse simultaneously without reducing the amount of each other's benefits.
The laws regarding survivor benefits can be tricky. If you are not sure whether you qualify for benefits based on your deceased spouse's (or ex-spouse's), you should consider calling The Law Center. Having an experienced Social Security disability attorney in your corner vastly improves your chances of being approved for benefits.