Are you a disabled widow(er) or surviving divorced spouse? You may qualify as early as age 50 for SSDI benefits based on the earning records of your deceased spouse.
The Social Security Administration (SSA) has special programs for widows and widowers, and surviving divorced spouses, who are disabled and who wish to qualify for SSDI benefits based on the earning records of their deceased spouse or ex-spouse.
Specifically, these programs are
- Disabled Widow/Widowers Benefits
- Benefits for a Surviving Divorced Spouse
These programs are in place specifically to help disabled stay-at-home spouses who may not have worked or don’t have enough Social Security credits on which to base their own claim for disability benefits. When you need access to every available resource, qualifying for these disability benefits means vital financial protection.
The eligibility rules for these disability cases can be quite complex, so let’s look at each one separately.
Disabled Widow(er)’s Benefits
What are the eligibility rules for disabled widows/widowers?
Once confirmed that your late spouse paid enough Social Security taxes as a wage earner to qualify for SSDI benefits, you may file a claim for widow/widowers disability benefits by meeting and proving the following conditions:
- Age Requirement: You must be at least 50 but not yet 60 years of age.
Note: Once a disabled widow(er) qualifies for Widow/Widowers Disability benefits, two years later he or she will also become entitled to Medicare benefits.
Note: At age 60, widow/widowers become entitled to their deceased spouses’ SSDI benefits without being disabled.
- Marriage of 9 Months Minimum: You must have been married to the deceased spouse at the time of death and for at least 9 (nine) months.
- Marital Status: In most cases, the eligible widow(er) age 50-59 cannot be remarried to a different spouse.
Note: For an eligible widow(er) 60 years old, remarriage would not disqualify a claim for widow/widower benefits if all other required conditions are met. - Prove You Are Disabled: Social Security must find you to be disabled according to its 5-Step Evaluation Process and disability criteria used in the regular SSDI program. SSA’s definition of “disabled” is as follows:
Disability is the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
- Seven Year Prescribed Period: You have seven years from the date of your spouse’s death to meet these requirements. This seven-year window is called the “prescribed period.” In other words, within seven years of your spouse’s death, SSA must determine that you are disabled and you are the legal spouse and therefore entitled to your deceased spouse’s SSDI payments.
Often the toughest hurdle is proving your disability began within the required seven-year time frame. You will need medical records establishing the onset and progression of your disability.
Example: On April 2, 2020, your husband of 17 years dies. You are 45 years old at the time. You will have from April 2, 2020 (the date of death) through the end of April of 2027 (the end of the 7-year prescribed period) to become disabled and reach age 50 to file a Widow or Widower’s disability claim on your husband’s record. You must also meet all SSA criteria for being found to be a disabled widow(er).
Exception to the prescribed period: This 7-year window may be lengthened when dependent children receive Survivor’s Benefits. Widow(er)s can get benefits at any age if they are taking care of a child from the marriage who is younger than age 16 or is disabled, and is receiving SSDI benefits on the deceased parent’s earning records.
- If you are a widow or widower with a sufficient work record, you may file a claim for disability benefits under your own record and the record of the deceased; however, you will only draw the higher of the two records.
- 5 Month Waiting Period: Just as in a regular Social Security Disability Insurance claim, a 5-month waiting period applies in the Disabled Widow/Widowers Benefit claim.
Our social security disability attorneys always watch for the onset date. In certain cases, we are able to amend a five-month waiting period to where it occurs before the spouse’s death. I.e., if the date of onset of disability can be established five months before the widow/widower’s spouse died, the five-month waiting period is served while the spouse is still living. This means the waiting period is over and entitlement starts with the month of the spouse’s death. This is one way we are able to maximize past-due benefits.
For a free legal consultation, call 800-562-9830
Disability Benefits for a Disabled Surviving Divorced Spouse
If you are disabled and divorced from a former spouse who has died, you may qualify for benefits as a surviving divorced spouse based on the deceased ex-spouse’s account.
Requirements for this program are much like the above criteria for a widow or widower, with the following major difference: the duration of marriage requirement is a minimum of 10 years.
- Age Requirement: You must be at least 50 but not yet 60 years of age to receive Social Security benefits based on disability.
Note: At age 60, widow/widowers become entitled to their deceased spouses’ SSDI benefits without being disabled. - Marital Status: You must be unmarried (unless you remarried after age 50.) Remarriage before age 50 would negate eligibility.
- Marriage of 10 Years Minimum: You must have been married to the deceased spouse at the time of death, and for at least 10 (ten) years before the final divorce date.
Note: If you are divorced and remarry after a separation of one year or more, then the 10 years must be restarted. Example: You are married for 4 years, divorced for 2 years, and remarry the same person for another 6 years and get divorced again: While you may have been married to the same person for 10 years, you would not be an eligible surviving divorced spouse.
Note: The 10-year rule can be waived if you are still caring for a child from the marriage who is under the age of 16 or is disabled.
- Prove You Are Disabled: Under the 50 — 59 years of age rule, you must meet all SSA disability-related requirements to be entitled to SSDI.
- Seven Year Prescribed Period: As with widow’s disability benefits, you have seven years from the date of the spouse’s death to meet these requirements. This seven-year window is called the “prescribed period.”
Exception to the prescribed period: This 7-year window may be lengthened when dependent children are receiving Survivor’s Benefits. You may get benefits at any age if a child from the marriage who is under the age of 16 or is disabled is receiving SSDI benefits on the deceased parent’s earning records.
- If you are a surviving divorced spouse with a sufficient work record, you may file a claim for disability benefits under your own record and the record of the deceased, however, you will only draw the higher of the two records.
Benefits you receive as a surviving divorced spouse won’t affect the benefit rates for other survivors getting benefits on the deceased’s record. The exception is if you are caring for a child from the marriage who is under the age of 16 or is disabled, your benefit will affect the payments of others receiving benefits on the deceased worker’s record.
How Much Does the Widow/Widower or Surviving Divorced Spouse Receive?
SSA calculates a survivor’s payment on the Social Security benefit the late spouse or late ex-spouse was collecting at the time of death. If benefits were not yet claimed, payments are based on the amount the deceased was entitled to receive. The actual amount of your widow/widower’s benefits or surviving divorced spouse’s benefits will depend on your age and family circumstance, and you have reached:
- Full retirement age or older: 100% of the deceased worker’s benefit amount
- Age 60 to full retirement age: 71½ to 99% of the deceased worker’s benefit amount
- Aged 50 through 59 and are disabled: 71½% of the deceased worker’s benefit amount
- Any age, caring for a child that is disabled or under age 16: 75% of the deceased worker’s benefit amount
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Family Maximum Benefits
There’s a limit to the monthly benefits SSA pays to family members. SSA uses a formula to compute this amount each year. Basically, the family maximum is a percentage of the primary insurance amount. However, the primary benefit does not change. Benefits paid to the rest of the family are the benefits that would be lowered.
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How Do I Apply for Widow or Surviving Divorced Spouse Disability Benefits?
To file a disability claim for widow or widowers Disability Benefits, or Surviving Divorced Spouse Disability Benefits, the SSA will need information to prove your eligibility, such as:
- Your name and Social Security Number
- The deceased’s name and Social Security Number
- Proof of your late spouse’s death
- Your birth certificate or other proof of birth
- Final divorce papers if applying for disabled surviving divorced spouse benefits
- Your marriage certificate
- Proof of U.S. citizenship or lawful alien status
- Dependent children’s Social Security numbers, if available, and birth certificates
- Deceased spouse’s W-2 forms or federal self-employment tax return for the most recent year
- Your banking information
Ease the Stress and Avoid Mistakes with an Attorney’s Help
We’ve only covered the basics of this complex area of Social Security law. Everyone’s circumstances are different and will directly affect eligibility and even the strategy taken with a claim.
If your ex-spouse or spouse has passed away, we urge you to contact us as soon as possible so you understand whether you qualify for disability benefits, as either a widow or widower or as a surviving divorced spouse.
Your initial legal consultation is free and will be highly informative. We can help with your initial application or take your case to appeal a denied claim. We will discuss any questions you have and provide insights into many concerns not addressed here. Call one of our social security disability lawyers today.
Call or text 800-562-9830 or complete a Free Case Evaluation form
