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Can You Receive Widow’s Benefits And Social Security Disability

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What Is The Difference Between Survivor Benefits And Widow Benefits

I am Receiving Widow’s Benefits, Can I Also Get Social Security Disability?

Survivor benefits would be based on the workers reduced benefit , not their FRA benefit if the deceased worker had applied for early benefits . The widow could claim a survivor benefit equal to 71.5% of the deceased workers benefit stepping up to 100% if they filed at their FRA.

Eligibility Requirements For Survivor Benefits

If you were married to someone who is now deceased, you may be entitled to Social Security Disability Income benefits. These benefits operate similarly to an insurance program; everyone pays into Social Security through a portion of the taxes taken out of their income. Should you ever become disabled and can no longer work, you can apply to receive disability benefits from this fund.

survivor benefits

  • Surviving Spouses

  • Surviving Divorced Spouses

  • Children

  • Dependent Parents

While any of these family members may be eligible for survivor benefits, the SSA has listed four different ways of evaluating your benefits claim if you are a widow or widower.

Ease The Stress And Avoid Mistakes With An Attorneys Help

Weve only covered the basics of this complex area of Social Security law. Everyones 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 today.

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The Attorneys At Disability Associates Are Here To Help

Social Security guidelines for receiving benefits are often very specific and confusing, especially when dealing with Widows and Disabled Widows benefits. If you have recently lost a spouse that received SSDI benefits, there is no question that ensuring your familys financial security is imperative. Disability Associates works exclusively with Social Security disability claims, including Survivors and Widows benefits and understands how important it is that you regain the income you are entitled to. To discuss your situation with a disability advocate today, contact us to get started.

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If You Haven’t Applied For Retirement Benefits Yet

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Spouses who are eligible for both the survivor benefit and the retirement benefit based on their own work record, can maximize their total benefits by taking them in the most advantageous order. The Social Security Administration explains how this works:

If you are also eligible for retirement benefits , you have an additional option. You can apply for retirement or survivors benefits now and switch to the other benefit at a later date.

The right order for you will depend on the size of each benefit. If both payouts currently are about the same, it may be best to take the survivor benefit at age 60. It’s going to be reduced because you’re taking it early, but you can collect that benefit from age 60 to age 70 while your own retirement benefit continues to grow. Then you can collect your own benefit starting at age 70 when it maxes out.

Conversely, if your own benefit is small compared to the survivor benefit , you could take your own benefit at;age 62, which is the earliest age at which you’re eligible. Then, at age 66,;you could switch over to the survivor benefit. However, the survivor benefit would be reduced since it was taken early or before full retirement age.

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What Happens To Social Security Disability Benefits When A Spouse Dies

  • When a spouse dies, you may be able to receive Social Security disability benefits. Find out how Social Security disability works when your spouse passes.

The loss of a spouse is difficult enough, but along with it, there are financial issues to sort out. When a spouse who had been collecting Social Security disability benefits passes away, that benefit is sometimes passed onto the surviving spouse if they meet certain criteria.

Remember that each persons situation is different, and if you have any questions about whether or not youd qualify to receive Social Security disability after a spouse passes, you can contact your local Social Security office or call 1-800-772-1213 to speak to a Social Security representative.

Learn more below about the intricacies of how Social Security disability works after a spouse dies.

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Can I Claim One Benefit And Then Switch To Another Later

If you are eligible for a survivor benefit before you reach your full retirement age, you can select the survivor benefit and delay receiving your benefit should it exceed the survivor benefit before or upon reaching age 70.; You can collect the survivor benefit at age 60 and then let your benefit increase until age 70.; You could switch to your benefit once it exceeds the survivor benefit or let it continue to increase until your reach age 70.

The opposite option is also available.; If your deceased spouse had not claimed their benefit and if you have reached age 62 you could claim your benefit.; When your spouses benefit is fully maximized upon them reaching age 70 you could then switch and claim the survivor benefit.

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A Few Basics About Survivor Benefits

There are a few other specifications and things to note about your eligibility for receiving survivor benefits that arent necessarily related to the surviving spouses age. For example, neither the deceased spouse nor the surviving spouse needs to work for more than ten years in order to be eligible. However, the SSA does have a special rule that if youve worked for only one and a half years in the past three years just before your spouses death, the SSA can pay benefits to your children and to you if you are caring for the children.

Even though your deceased spouse was working and paying into Social Security, your survivor benefits will likely be reduced if you are working. This is also dependent on whether your earnings exceed a certain limit and if you are younger than the full retirement age.

If you have remarried and are over sixty years old , you should still be eligible for receiving survivor benefits. However, if you choose to remarry and are under sixty years old, then you are ineligible to collect survivor benefits.

What Do You Need To Apply For Survivors Benefits

Can I get Social Security for disability as a disabled widow and I have not worked outside my home?

If you were already receiving spousal benefits before the death, you will not need to submit an application. Instead, the SSA will automatically convert your package to your spouses. If thats not the case, complete this form, and gather these documents:

  • Proof of the death
  • Birth certificate or other proof of birth
  • Proof of U.S. citizenship or lawful alien status if you were not born in the United States
  • U.S. military discharge papers if you had military service before 1968
  • For disability benefits, the two forms that describe your medical condition and authorize disclosure of information to the SSA
  • W-2 forms and/or self-employment tax returns for the preceding year
  • Final divorce decree, if applying as a surviving divorced spouse
  • Your checkbook to arrange direct deposit

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Does Social Security Pay Death Benefits

A one-time lump-sum death payment of $255 can be paid to the surviving spouse if he or she was living with the deceased; or, if living apart, was receiving certain Social Security benefits on the deceaseds record.

If there is no surviving spouse, the payment is made to a child who is eligible for benefits on the deceaseds record in the month of death.

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How Do I Apply For Widow Or Widower Benefits

You should notify the Social Security Administration as soon as possible when your spouse who received disability benefits has died.

You cant apply for survivors benefits online. Youll need to call and speak to a representative or visit your local Social Security office.

Youll need to fill it out the proper forms and provide supporting documents like these:

  • Birth certificate
  • Proof of U.S. citizenship or legal resident status
  • Tax forms
  • Medical records confirming your own disability status
  • Documents of any workers compensation benefits you receive

Social Security Disability For Widows

What is the Social Security Widow Benefit?
  • Life is unpredictable. When death strikes unexpectedly, everything changes.
  • Fortunately, the Social Security Administration can help. Survivors, such as widows, may be eligible to receive substantial financial assistance through monthly benefits. However, the widows deceased spouse must have earned a sufficient number of work credits through Social Security.
  • Widows may also be eligible for survivors benefits after turning 60, depending on the earnings record of the spouse. However, if you are a surviving spouse and disabled, you may be able to obtain these benefits earlier. To become eligible for social security benefits, the deceased spouse must have worked enough years and gathered enough credits through paying taxes into the system.

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Can I Collect Widows Benefits And Ssi At The Same Time

Top Contributor 2021

  • Posted on Nov 1, 2011

As stated yes you can apply for even though you are on widow’s SS. But you have to understand SSI is welfare disability as such it is usually reduced dollar for dollar from other income. So if your Widow’s benefits exceeds $674 a month then you not get SSI.

This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.

If You Havent Applied For Retirement Benefits Yet

Spouses who are eligible for both the survivor benefit and the retirement benefit based on their own work record, can maximize their total benefits by taking them in the most advantageous order. The Social Security Administration explains how this works:

If you are also eligible for retirement benefits , you have an additional option. You can apply for retirement or survivors benefits now and switch to the other benefit at a later date.

The right order for you will depend on the size of each benefit. If both payouts currently are about the same, it may be best to take the survivor benefit at age 60. Its going to be reduced because youre taking it early, but you can collect that benefit from age 60 to age 70 while your own retirement benefit continues to grow. Then you can collect your own benefit starting at age 70 when it maxes out.

Conversely, if your own benefit is small compared to the survivor benefit , you could take your own benefit at;age 62, which is the earliest age at which youre eligible. Then, at age 66,;you could switch over to the survivor benefit. However, the survivor benefit would be reduced since it was taken early or before full retirement age.

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There Are Several Ways The Surviving Spouse May Be Able To Collect Benefits From Social Security It Gets A Little Complicated

By Bethany K. Laurence, Attorney

When the primary breadwinner of a household dies, the surviving family members may be left without sufficient resources, especially if the deceased husband or wife didn’t have life insurance. Fortunately, the surviving spouse of a deceased disabled worker is often eligible to collect what the Social Security Administration calls a survivors benefit.

To be eligible for benefits based on the record of a deceased husband or wife, the spouses must have been married to each other for at least a year. In addition, the deceased spouse must have earned sufficient Social Security credits to be entitled to Social Security disability insurance or Social Security retirement benefits. This article focuses on deceased spouses who were entitled to disability benefits; the rules differ a bit when a surviving spouse collects a benefit based on the deceased husband or wife’s retirement benefits.

A surviving divorced spouse that is, a spouse who divorces a husband or wife before the husband or wife dies is also entitled to a survivors benefit in some circumstances.

Chapter : Who Is Eligible For Survivor Benefits From Social Security

Can You Collect Both Social Security Retirement and Disability Benefits?
  • A widow or widower age 60 or older who was and did not remarry before age 60
  • A surviving divorced spouse who was married to the deceased for at least 10 years
  • A widow or widower of any age caring for the deceaseds child who is under 16 or disabled and receiving benefits on their record
  • An unmarried child of the deceased who is: younger than age 18 or age 18 or older with a disability that began before 22
  • Parents of the deceased worker who are 1) at least 62; 2) were dependent on the deceased for at least half of their income, and 3) whose own Social Security benefit is not larger than that of their deceased child

Did you Know?

If you were married to the deceased for at least9 months, you could be eligible for survivors benefits.;

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I Am A Surviving Spouse Am I Eligible For The Lump

Yes, if all these are true:

  • You were married for at least nine months immediately before your spouse died.

  • Your deceased spouse was fully insured according to Social Security, meaning your spouse had worked and paid into the system long enough to qualify for benefits.

  • You were living together in the same household when your spouse died. There are exceptions for things like hospital and nursing home stays.

  • You apply for the lump-sum death benefit within two years of your spouses death.

How Disability Benefits Work

Social Security Disability Insurance provides benefits for people who have paid a certain amount of Social Security taxes over a period of time. The individual making the claim must also have one of the disabilities or conditions that qualify for disability benefits that prevents them from earning a certain monthly income as a full-time worker. The Social Security Administration offers an official listing of medical impairments and approved medical conditions known as the Blue Book. Consult with the Social Security Administration or a disability attorney to understand the full eligibility requirement.

For purposes of this discussion it is important to understand that disability benefits can last from the time you are determined to be disabled until you reach the age of full retirement. Currently the full age of retirement is 67 for any born in 1962 or later. Once an individual has reached the age of full retirement the disability benefits convert to Social Security retirement benefits. This transformation is critical in determining whether someone can receive both disability and survivor benefits.

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Chapter : How Much Will You Receive In Survivor Benefits

After the passing of the worker, Social Security pays a one-time death benefit of $255 which can be collected by the widow or child.

Then there is the monthly Social Security survivor benefit. That benefit is based on the Social Security benefit the worker was receiving .

The benefit can be up to 100% of what your spouse would have received at full retirement. If the benefit you would receive as a survivor is higher than the benefit you receive on your own, Social Security will pay you the higher of the two amounts,;not the two combined. However, survivor benefits, unlike;spousal benefits, dont have to be claimed at the same time as your;own;retirement benefits. You can, in many cases, receive one benefit for a time and then file for the other one later. This is a common strategy for widows to take to maximize their benefits.;

Did you Know?

The earliest a widow or widower can apply for survivor benefits is age 60 .

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