Social Security provides financial support to many people, from retired workers to people struggling with severe disabilities and more. The program can also help people who’ve lost a spouse, particularly if someone with a disability loses their husband or wife. In essence, disabled widows’ benefits are a specific type of Social Security survivor benefits. However, there are crucial differences between these programs, and you’ll need help from an Evansville, IN, Social Security disability lawyer to know which benefits you might qualify for.
Social Security Survivor Benefits vs. Disabled Widow’s Benefits
Social Security survivor benefits and disabled widow’s benefits both provide monthly payments to people who’ve lost a spouse, but they serve different purposes. Both programs are based on the deceased spouse’s work record, meaning you may qualify for benefits even if you didn’t work or pay much into Social Security yourself. These benefits can offer financial support during a challenging time and help you stay afloat after losing a husband or wife.
In both cases, you generally must have been married to the deceased for at least nine months to qualify, though there are limited exceptions. You usually need to be at least 60 years old to begin receiving survivor benefits, while 50 is the age cutoff if you’re disabled and applying for disabled widow’s benefits. The amount you receive depends on your late spouse’s earnings and the age at which you begin collecting benefits.
Both benefit types follow similar application procedures, and remarrying could affect your eligibility for either type. However, the rules for disabled widows’ benefits include additional disability-related requirements, which can affect your eligibility and payment start date.
Requirements for Survivor and Disabled Widow’s Benefits
The first step in applying for Social Security survivor or disabled widow’s benefits is to determine whether you meet the eligibility requirements, which include:
Survivor Benefit Requirements
- You must be the widow or widower of a deceased worker who qualified for Social Security benefits.
- You must have been married to the deceased for at least 9 months, though there are narrow exceptions, such as if your spouse died while serving in the military.
- You must be at least 60 years old to apply.
- If you’re caring for your deceased spouse’s child who is under 16 or disabled, you may qualify for survivor benefits at any age.
- You must not currently receive a Social Security benefit larger than the survivor benefit.
- Your benefits may be reduced if you claim them before your full retirement age.
- You generally must not remarry before age 60 (or age 50 if disabled); remarriage after that age does not affect eligibility.
Requirements for Disabled Widow’s Benefits
- You must be between ages 50 and 59 and meet Social Security’s definition of disability.
- Your disability must have started before or within seven years of your spouse’s death.
- You must have been married to the deceased worker for at least nine months.
- Your late spouse must have earned enough work credits to qualify for Social Security benefits.
- You cannot receive a retirement or disability benefit equal to or higher than the disabled widow’s benefit.
- You generally must not have remarried before age 50.
How Much Do Social Security Survivor and Disabled Widow’s Benefits Pay?
The amount you receive from Social Security survivor or disabled widow’s benefits depends on your late spouse’s earnings and your age when you begin collecting. You could receive 100 percent of your spouse’s benefit if you wait until full retirement age. If you apply earlier, the Social Security Administration will reduce your payment. For disabled widow’s benefits, the amount is further reduced because you can begin collecting benefits earlier, between ages 50 and 59.
If you have questions about survivor or disabled widow’s benefits, contact a Social Security disability attorney for more information. These cases are the core of our practice at Wambach Disability Law, and we’d be happy to help you apply for benefits or answer your questions. Call now or complete our contact form for a free consultation.