The Social Security Administration operates disability insurance programs that provide financial benefits to workers who become disabled from employment. While applicants generally must have accrued a certain number of work credits during their life in order to apply, individuals can also request Social Security benefits based on their spouse’s work record. A widow or widower who becomes disabled may qualify for disabled widow’s benefits based on their deceased spouse’s record. However, the Social Security Administration is a complex bureaucracy that has strict eligibility rules for disability benefits, which makes it critical to have experienced legal representation when navigating its system.
Get the answers you need and the help you deserve regarding your disabled widow’s benefits application by contacting Wambach Disability Law for a free consultation.
The Social Security system allows individuals to access benefits based on their spouse’s or deceased spouse’s work record. This option ensures that widows or widowers do not find themselves in need if their spouse passes away and they lose their spouse’s financial support.
Although widows/widowers can access survivor benefits from Social Security beginning at 60, the Social Security Administration extends the window of availability for benefits to disabled widows/widowers. A widow/widower aged 50 to 59 who becomes disabled can apply for survivor benefits if they were married to their spouse for at least nine months before their spouse’s death and did not remarry before age 50. Individuals may also access disabled widow’s benefits through an ex-spouse’s work record if their marriage lasted at least ten years. Finally, widows/widowers or ex-spouses may also qualify for disabled widow’s benefits regardless of age or the duration of their marriage if they presently care for their deceased spouse’s/ex-spouse’s child.
Disabled widow’s benefits initially equal 71.5 percent of a widow’s/widower’s deceased spouse’s benefit, gradually increasing to 100 percent when the widow or widower reaches full retirement age. DWB also automatically converts to regular widow’s benefits when a recipient turns 60.
After the approval of a widow’s/widower’s application for DWB, the widow/widower must wait five calendar months before receiving benefit payments. The waiting period begins upon the latter of the first day of the 17th before the month of filing or the first day of the fifth month before the month in which the widow’s/widower’s prescribed period began.
DWB recipients also become eligible for Medicare after receiving benefits for 24 months; however, Medicare waives the waiting period for recipients diagnosed with amyotrophic lateral sclerosis (ALS), with Medicare eligibility beginning on the date of entitlement to disability benefits.
The process of securing disabled widow’s benefits can vary depending on whether the widow or widower already receives Social Security benefits. A widow or widower receiving family benefits can have their benefit type updated to DWB upon qualifying as disabled.
An application for DWB will require a widow/widower to supply various pieces of information, such as:
A DWB application will also require an applicant to submit medical information to enable the Social Security Administration to determine whether an applicant has a qualifying disability. The SSA defines a “disability” as a medical condition that prevents a person from performing substantial gainful activity (earning more than a specific threshold of monthly income) and which has lasted or will last for at least 12 months or result in death. The SSA maintains a listing of qualifying medical conditions, or an applicant can prove they have a condition that equals the severity of a listed condition. In some cases, the Social Security Administration may ask an applicant to sit for a medical exam to gain additional information about the applicant’s condition.
If the Social Security Administration denies a widow’s/widower’s DWB application, the widow/widower can pursue the SSA’s administrative appeals process to challenge the denial of their benefits claim.
Here are some common challenges that disabled widows/widowers may face when pursuing or receiving disabled widow’s benefits:
A Social Security disability attorney from Wambach Disability Law can help you successfully secure disabled widow’s benefits by:
You may qualify for disabled widow’s benefits if you have developed a disability that leaves you unable to work or earn a living. However, the Social Security Administration imposes strict eligibility requirements for DWB, which is why you should consider getting legal help pursuing your application. Turn to a Social Security disability lawyer from Wambach Disability Law because:
A widow or widower who develops a disabling medical condition may seek financial assistance through the Social Security Administration’s disability benefit programs. Below, you’ll find the answers to some of the most common questions that disabled widows and widowers have about Social Security disability benefits.
The Social Security Administration allows a surviving spouse and certain surviving ex-spouses of workers to apply for Social Security Survivor Benefits using their deceased spouse’s or ex-spouse’s work record to meet the work history requirement for SSDI benefits. The SSA provides disabled widow(er) benefits to disabled surviving spouses who reach a certain age. Disabled widow(er) benefits convert to “aged widow(er)’s benefits” when a disabled widow(er) turns 60.
A person may qualify for disabled widow(er) benefits from the Social Security Administration if their deceased spouse worked long enough to qualify for Social Security Disability Insurance or Social Security retirement benefits. However, they must also meet further eligibility criteria, including:
A disabled widow(er) can also qualify if they are:
A disabled widow(er) can qualify for benefits beginning at 50 if they can provide that they have a medical condition that meets the Social Security Administration’s definition of a “disability.” The SSA defines a disability as a medically determinable (diagnosed) physical or mental condition that prevents an individual from engaging in substantial gainful activity. “Substantial gainful activity” means earning more than a specific threshold of monthly income from work or performing a certain amount of work for profit, regardless of whether the individual makes a profit. A medical condition must also last for at least 12 months or will likely last for at least 12 months or result in death to qualify as a disability.
Examples of evidence you may need to prove you have a qualifying disability include:
The amount of disabled widow(er) benefits you may receive will depend on several factors, including:
In most cases, a disabled widow(er) who begins collecting benefits between the ages of 50 and 60 can expect to receive approximately 71.5 percent of their deceased spouse’s primary insurance amount (PIA). Disabled widow(er)s can collect a higher percentage of their spouse’s PIA as they get older after turning 60, until they reach full retirement age (67 for people born in 1962 or later).
You may see reduced benefits if your spouse collected early retirement benefits from Social Security before they died or if you work before reaching full retirement age and earn income above a specific threshold.
The Social Security Administration pays disabled widow(er) benefits beginning with the month that a widow(er) became eligible for benefits. Because it can take months for the SSA to approve benefits, a disabled widow(er) may also receive back payments.
A disabled widow(er) may be eligible not just for disabled widow(er) benefits (DWB), but for other Social Security disability benefits programs as well, such as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). A disabled widow(er) who qualifies for both DWB and SSDI will receive benefits from whichever program provides them with a higher benefit. Disabled widow(er)s can also receive DWB and SSI, but not the full amount of benefits from both programs, as DWB benefits can reduce SSI benefits, potentially down to $0.
Receiving DWB can also affect your eligibility for other disability benefits or the amount you receive from other benefit programs, such as state disability benefit programs or workers’ compensation. Each program may have different offset rules that cause DWB to reduce the benefits you receive from other programs.
Getting remarried can affect your eligibility for disabled widow(er) benefits. People who remarry before turning 50 permanently lose their eligibility for DWB based on their deceased spouse’s work record, unless their new marriage ends in divorce or annulment. When a disabled widow(er) remarries after turning 50, the Social Security Administration can cease paying benefits unless the new marriage ends in divorce, annulment, or death.
Before you apply for disabled widow(er) benefits from the Social Security Administration, you will first need to gather information and documents to support your application, including:
You may apply for benefits in person at a local Social Security Administration office or by calling the SSA’s toll-free number. You can avoid waiting times by calling ahead to schedule an appointment to apply in person or over the phone.
Disabled widow(er)s who have their benefit claims denied can pursue an administrative appeal. The Social Security Administration denies the majority of claims for reasons like insufficient medical evidence, inadequate documentation of eligibility, or application errors. The three stages of administrative appeals in the SSA include:
An applicant who exhausts the SSA’s administrative appeals process can further challenge the denial of their disabled widow(er) benefits claim by filing a complaint in federal court. Working with experienced counsel during an appeal can improve your chances of having the denial of your claim overturned.
An SSD attorney can help you pursue a disabled widow(er) benefits claim by:
If you have more questions about disabled widow(er) benefits from Social Security, an experienced lawyer can provide you with the information and advice you need. Contact Wambach Disability Law today for a free, no-obligation consultation with an SSD attorney to learn more about the process of applying for disabled widow(er) benefits based on your deceased spouse’s work history.
If you have developed a disability, you may qualify for disabled widow’s benefits due to your deceased spouse’s work record. Contact Wambach Disability Law today for a free, no-obligation consultation with a knowledgeable Social Security disability attorney for help with your claim.
