Social Security Disability Benefits for Widows

If your spouse – who receives Social Security benefits – passes away, you, as their widow, may be eligible for survivor’s benefits.

Losing a loved one is exceptionally difficult. If your loss includes a financial component (which can add an additional layer of complexity), reach out for the professional guidance you need from an experienced Arkansas Social Security disability benefits attorney today.

Survivors Benefits

Social Security Disability Insurance (SSDI) is a federal program that provides individuals who have a sufficient work history and have become disabled with monthly disability payments. When a person who receives SSDI dies, their disability payments can go to their survivors in the form of SSDI survivor benefits.

These survivors can include the following:

  • the SSDI recipient’s spouse
  • the SSDI recipient’s children
  • the SSDI recipient’s aging dependent parents

Currently Insured vs. Fully Insured

To receive most Social Security benefits, the individual must be fully insured, which typically means having a considerable work history. Some people, who have less work history, are deemed currently insured, which means they are unlikely to be eligible for benefits of their own.

When someone who is currently insured, however, dies, their spouse and surviving children may be eligible for survivor’s benefits.

Social Security Disability Widow Benefits

As the spouse of someone who is receiving SSDI benefits passes, you are eligible for SSDI widow benefits, as long as your spouse was at least currently insured prior to becoming disabled.

The various categories of eligibility for widows – and the percentage of your spouse’s SSDI that you may be entitled to – include the following:

  • If you care for a child who is under the age of 16 years old and receives SSDI benefits of their own from your deceased spouse’s record, you may be entitled to 75 percent of your spouse’s benefits.
  • If you are at least 50 years old and have a disability that began prior to your spouse’s death – or within 7 years of your spouse’s death – you may be entitled to 71.5 percent of your deceased spouse’s SSDI benefits.
  • If you are at least 60 years old but have not yet reached full retirement, you may be entitled to 71.5 to 99 percent of your deceased spouse’s SSDI benefits.
  • If you are at full retirement age or older, you may be entitled to 100 percent of your deceased spouse’s SSDI benefits.

Social Security benefits for a spouse after death can play an important financial role as you move forward into your future, and having a dedicated Social Security disability benefits attorney in your corner can help to ensure that you receive the benefits to which you are entitled.

SSDI Benefits for Divorced Spouses

If you are the divorced spouse of someone who receives SSDI benefits, you may also be eligible for survivor’s benefits upon their death.

The basic requirements include the following:

  • Your ex must have been collecting SSDI or Social Security retirement benefits at the time of their death.
  • Your marriage to your spouse must have lasted at least 10 years.
  • You must not have remarried in the interim – with some exceptions.
  • You or your children must meet certain age requirements.

The age requirements and attendant benefits include the following:

  • You must be at least 60 years old.
  • You must be between the ages of 50 and 60 and disabled – with your disability occurring within 7 years of your ex’s death.
  •  You must care for your ex’s child if they are under the age of 16 and receiving Social Security benefits of their own on your ex’s record.

Entitlement to benefits according to age and situation include:

  • If you are between the ages of 60 and full retirement, you may be entitled to from 71.5 to 99 percent of your deceased ex’s SSDI or retirement benefits.
  • If you have reached the age of full retirement, you may be entitled to 100 percent of your deceased ex’s SSDI or retirement benefits.
  • If you are between the ages of 50 and 59 and are disabled yourself – becoming disabled within 7 years of your ex’s death – you may be entitled to 71.5 percent of your deceased ex’s SSDI or retirement benefits.
  • If you are caring for a child who is under the age of 16 and receives benefits on your ex’s record, you may be entitled to 75 percent of your deceased ex’s SSDI or retirement benefits – within the parameters of maximum family benefit.

Seek the Skilled Legal Guidance of an Experienced Arkansas Social Security Disability Benefits Attorney Today

Losing your spouse can leave you upset, but it can also leave you facing considerable financial setbacks that can be difficult to overcome without the benefits to which you are entitled.

The compassionate Social Security disability benefits attorneys at Denton & Zachary – serving Little Rock, Conway, and Cordova – understand how difficult your situation is and have the compassion and legal insight to help.

We have an impressive range of experience successfully guiding claims like yours toward advantageous resolutions. To learn more about SSDI services, message us online or call us at 501-521-1353 today.

SSDI Benefit FAQs

Do I qualify for SSDI widow benefits?

Obtaining Social Security disability benefits as a survivor is challenging, but if you qualify as the widow of a recipient, you may be in a position to receive benefits of your own, and a seasoned Social Security disability benefits attorney will help ensure that you receive the benefits to which you are entitled.

Can’t I file on my own?

The filing process for survivor benefits is arduous, and any errors can set your claim back – or can even leave you without benefits. It’s always to your advantage to work with an experienced Social Security disability benefits attorney.

How old do I have to be to file?

Generally, you must be at least 60 years old to obtain widow benefits – unless you are disabled or are caring for a child of your deceased spouse who is under the age of 16.

DZN Law Group