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Receiving Social Security Disability Benefits After the Death of Your Spouse

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.

To be eligible for disabled widows or widowers benefits:
  • You must be at least 50 years old.
  • You must be disabled and unable to work.
  • Your disability must last or be expected to last 12 months or more.
  • Your disability has to begin within seven years of your spouse’s death.

Widow/Widower Benefits for the Surviving Spouse

If you are not disabled, you still may be entitled to benefits upon your spouse’s death. As the surviving spouse, you may be eligible to receive regular 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.

Are you a parent that is disabled and needs help supporting your children?

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 that are financially dependent on you, you and your family may also qualify for auxiliary SSDI 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.

Children and Adult 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 if the child and family income and resources meet the SSA requirements.

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.

Many complex circumstances may entitle you, your spouse, your children, or other dependents to additional Social Security benefits. If you have a Social Security disability claim or receive benefits, ensuring that you take advantage of all the programs available to you could mean the difference between financial security and struggling to make ends meet.

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"I was able to win my SSD case in 5 months due to cancer. We've been struggling to make ends meet due to the high medical costs when I was working, but we wouldn't be able to pay our bills if I didn't win this case. I am very grateful to the paralegal, Allison, who worked very hard with the attorney to get this settled quickly! "

TOM & FAMILY

BUFFALO, NY
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