The loss of a spouse is a devastating event, both emotionally and financially. For those whose deceased partners were receiving Social Security Disability Insurance (SSDI), there may be some financial relief available through widow’s or widower’s benefits. Here is what you should know about eligibility and application for widow’s Social Security disability benefits from a Social Security disability lawyer.
Eligibility for Widow’s and Widower’s Benefits
To qualify for survivor benefits as a widow or widower, several key criteria must be met:
- Your spouse must have been receiving or eligible for SSDI benefits at the time of their death.
- You must be at least 60 years old, or 50 if you’re disabled.
- Your marriage must have lasted for at least nine months before your spouse’s passing.
If you’re caring for your deceased spouse’s children under 16, you may qualify for benefits regardless of your age.
Special Rules for Disabled Widows and Widowers
For those between 50 and 59 years old, there are specific rules regarding disability status. These rules ensure that those who become disabled shortly after losing their spouse are not left without support:
- You must have become disabled either before or within seven years of your spouse’s death.
- If you were receiving benefits for caring for your spouse’s children, the seven-year period begins when those benefits end.
Applying for Benefits as a Disabled Widow(er)
To receive benefits as a disabled widow or widower, you must prove that your disability prevents you from engaging in substantial gainful activity. This typically involves meeting the requirements of one of Social Security’s listed disabilities or demonstrating that you’re unable to perform even simple jobs.
Options for Widows Without Work Experience
For older individuals with limited work experience, there’s a special “vocational profile” that can simplify the qualification process. If you’re 55 or older, have no substantial work history in the past five years, limited education, and a severe impairment, you may automatically qualify for disability benefits.
Benefit Amounts for Widows and Widowers
The amount you receive in survivor benefits depends on several factors, including your age and your deceased spouse’s benefit amount. Generally, you can expect to receive between 71.5% and 100% of your spouse’s SSDI benefits, with the exact percentage depending on your age and circumstances.
Combining Widow(er)’s Benefits with SSDI
While you can’t receive both widow(er)’s benefits and your own SSDI benefits simultaneously, you can receive whichever amount is higher. If you qualify for both, Social Security will pay you the larger of the two benefit amounts.
Transition to Retirement Benefits
When you reach age 60, disabled widow’s benefits automatically convert to regular widow’s benefits. At full retirement age, you’ll have the option to switch to your own retirement benefits if they provide a higher payment.
Contact Merryl Jones – Second Chance Lawyer, for a Free Case Review with a Social Security Disability Lawyer
The complexities of Social Security disability benefits can be challenging, especially during a time of grief. If you’re struggling to understand your options or need assistance with your application, don’t hesitate to seek professional help. Contact Merryl Jones – Second Chance Lawyer, for expert guidance from a Social Security disability lawyer who can help you receive the benefits you deserve.
