How to Take the First Steps Toward a Steady Financial Future
Please know that if you just lost a spouse, our thoughts are with you to find the peace that you need.
The Arizona disability lawyers at Slepian Ellexson know that the death of a husband or wife is one of the hardest moments in life.
You’re grieving. So much in your life is changing. You may be wondering how you’ll survive financially.
A key piece of the support you need could come from Social Security if…
- Your spouse received Social Security Disability benefits.
- Your spouse received Social Security retirement benefits.
- Your spouse didn’t receive benefits but had a work history that made them eligible.
There are two major ways you can qualify for benefits under Social Security if your spouse was covered when they died:
- You have a qualifying disability.
- You don’t have a disability, but your age or parenting status qualify you.
You are going through enough already, and the last thing you need is to tangle with a complicated government bureaucracy to get help you are entitled to because your spouse paid into the system.
Slepian Ellexson disability attorneys provide caring guidance through this process. We’ve helped thousands of people achieve better financial security during difficult times.
We have extensive experience in particular in helping people prove disability claims.
You don’t pay a disability attorney fee until you win benefits.
Do You Qualify for Social Security Disability Benefits as a Disabled Widow or Widower?
If you have a disability that prevents you from working, you’re not retirement age yet, and your spouse who had a qualifying Social Security work record has died, you could claim Social Security Disability benefits based on their record.
Maybe you didn’t claim disability benefits before your husband or wife died because you didn’t work as much as them, and your benefit would have been lower.
Applying for Social Security Disability based on your own history of working and paying taxes into the Social Security system is the better option if it means you would receive more money.
But if your deceased spouse’s record of work credits would give you greater benefits than your own record, it makes sense to seek Social Security Disability for widows or widowers.
When you have a disability yourself, these are the requirements:
- You’re in your 50s.
- You can prove your disability (you must be unable to work).
- Your disability started no later than seven years after your spouse died.
- You were married long enough to qualify (usually at least nine months).
- If you were divorced, your marriage must have lasted at least 10 years before the divorce in order to qualify you for benefits on your ex-spouse’s record.
- You didn’t remarry before age 50.
If you meet all these requirements, you could receive 71.5% of what your deceased spouse either received or qualified for in Social Security Disability Insurance (SSDI) benefits.
This can get confusing. The Arizona disability attorneys at Slepian Ellexson can guide you through what you’re eligible for and how to claim it.
Get a FREE survivors’ disability claim consultation
Can You Get Social Security Insurance for Widows or Widowers without a Disability?
You can sometimes get survivors’ benefits if your spouse previously received Social Security Disability benefits without having an eligible disability yourself.
The same is true if your late husband or wife received Social Security retirement benefits, or was working before they died and had a qualifying amount of work credits in the Social Security system.
This is when you can get these benefits without having a health impairment that Social Security recognizes as a disability:
- You’re caring for a child of your deceased spouse who is 16 or under.
- You’re caring for a child of your deceased spouse who has a disability.
- You’re over 60 (making you eligible for 71.5% of your spouse’s benefits).
- You’re full retirement age, 66-67, (making you eligible for 100% what your spouse qualified for from Social Security).
To claim Social Security survivors’ benefits or widow/widower disability benefits, you’ll need to submit marital documents, provide death records for your spouse, fill out application forms, and share medical records if you’re seeking benefits for a disability.
You can get support knowing what to do, gathering what you need, and getting everything filed right. Slepian Ellexson disability attorneys help people through difficult times like these.
After a life-changing loss, we want to help you build a foundation for a healthy, stable life.
