When you are mourning the loss of a spouse, the last thing you should have to worry about is your finances. Unfortunately, the opposite is true for many of our clients. As long as your spouse was paying into the Social Security system and would have been eligible for benefits at the time of their death, you may be entitled to receive their Social Security benefits as a disabled widow or widower.
What do I need to qualify?
- You must be between the ages of 50 and 59 with a qualifying disability.
- Once you turn 60, you may qualify for standard widow or widower benefits regardless of disability status.
- Surviving spouses of any age may also qualify if they are caring for the deceased worker’s child who is under 16 or disabled.
- You must have been married to your deceased spouse for at least nine months before their death.
- Your spouse must have been receiving or eligible to receive Social Security benefits at the time of their death.
- Your disability must have begun before age 60 and no later than seven years after your spouse’s death.
- Your countable earnings cannot exceed the SSA’s substantial gainful activity limit.
- You must currently be unmarried, or have remarried after age 50 if you were disabled at the time of remarriage, or after age 60 for standard survivor benefits.
Additional Benefits You May Qualify For
Many complex circumstances may entitle you, your children, or other dependents to additional Social Security benefits. If you have a Social Security disability claim or receive benefits, ensuring you take advantage of all the programs available to you could mean the difference between financial security and struggling to make ends meet.
Survivor Benefits
If you are not disabled, you still may be entitled to benefits upon your spouse’s death. As a surviving spouse, child, or dependent parent, you may be eligible to receive Social Security benefits if your spouse was collecting them when they passed away and you are over age 60.
While you can’t collect benefits for the month in which your spouse dies, you can begin the process so payments can be transferred to you as soon as you are determined eligible. To start the process, you’ll need to visit your local Social Security office and present the appropriate documents.
Auxiliary Benefits
It is generally understood that if you become disabled, you may be eligible to receive Social Security disability benefits. However, many people don’t realize that if you become disabled and have family members who are financially dependent on you, you and your family may qualify for auxiliary benefits, also known as family benefits. Auxiliary SSDI benefits can help you continue to support your family when you are unable to work by providing your dependents with Social Security benefits.
If you are working with us to secure SSDI benefits, you must tell our team about any dependents who might qualify for auxiliary SSDI when we are preparing your claim.
Benefits for Children & Adult Children
SSI for Children
Children who are unable to function due to a physical, mental, or emotional condition may be eligible for SSI benefits. Eligible children can receive benefits according to their physical capacities, cognitive ability, socialization level, emotional balance, and level of self-care. Children under 18 may qualify if they are deemed disabled and the child’s and family’s income and resources meet SSA requirements.
SSDI for Adult Children
Adult children may qualify for SSDI benefits through their parents if they meet certain criteria. These individuals must be over the age of 18, be disabled before turning 22, and be unmarried. To receive adult child benefits, they must have a parent currently receiving Social Security benefits or a deceased parent who worked and paid into the Social Security system.
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Common Questions
Losing a spouse is hard enough. Figuring out what benefits you and your family are entitled to should not add to that burden. Jeffrey Freedman Attorneys can help.
How long do survivor benefits last?
For surviving spouses, benefits are generally payable for life, unless you begin collecting your own retirement benefit that exceeds the survivor benefit amount, in which case you receive the higher of the two. For children, benefits typically stop at age 18, or age 19 if the child is still a full-time student. Children with a disability that began before age 22 may continue receiving benefits with no age limit. Remarriage before age 60 will generally end survivor benefits for a surviving spouse.
How are disabled widow's benefits calculated?
A surviving partner’s benefits are calculated at 71.5 percent of your deceased spouse’s primary insurance amount, the benefit they were receiving or eligible to receive at the time of their death. If your spouse claimed Social Security early and received a reduced benefit, your disabled widow’s benefit will reflect that reduced amount. Benefits may also be affected if the total paid to your spouse’s family exceeds the maximum family benefit limit, which is generally 150 to 180 percent of your spouse’s primary insurance amount.
