SSD for Widows and Widowers
If you are disabled and your spouse is deceased, you may be eligible for Social Security Disability (SSD) benefits based on your spouse’s work record. If your own work history is insufficient to allow you to qualify for SSD benefits, you may still be able to claim benefits, provided your spouse’s work history is sufficient.
Even if you have worked and paid into Social Security long enough and recently enough to qualify for SSD benefits, if your spouse earned more than you did, your benefit allowance may be greater if you file under your spouse’s work record rather than your own. Benefit amounts are based on how much a worker paid into the Social Security system over a lifetime.
The disability benefits lawyers at Kraft & Associates, P.C., can review your claim and advise you about your options regarding SSD benefits for widows and widowers. We’re an established and professional law firm with friendly lawyers and staff who are easy to talk to. Call us at (214) 999-9999 or contact us online for a free claim review.
Eligibility for SSD Benefits under a Spouse’s Work Record
The SSA lists certain requirements that must be met in order for widows or widowers to claim SSD benefits under a spouse’s work record:
- You must be between 50 and 60 years old.
- Your medical condition must meet SSA’s definition of “disability” for adults.
- Your disability must have begun before or within 7 years of your spouse’s death.
For SSD and SSI purposes, Social Security has its own specific definition of “disability,” as follows:
- You cannot do the work that you did before;
- The SSA determines that you cannot adjust to other work because of your medical condition; and
- Your disabling disease or condition has lasted or is expected to last for at least one year or result in death.
To claim SSD or SSI benefits, you must meet Social Security’s strict definition of disability above.
If you claim widow’s or widower’s SSD benefits, your benefit amount will depend on your spouse’s earnings. Monthly benefit amounts can range from approximately $300 to more than $2,000.
Legal Help for Widows and Widowers Seeking SSD Benefits
At Kraft & Associates, P.C., we recommend that you consult with a knowledgeable Dallas Social Security Disability lawyer at the very beginning of your SSD application process. An attorney with our firm can review your application before you submit it to ensure that the correct information is presented correctly and in a favorable light. We can also determine whether it may be better to file for benefits based on your deceased spouse’s earnings, if you qualify.
You will need to provide medical records to support your disability claim. Our lawyers and staff can help you with obtaining SSD benefits and organize the documentation you will need to submit with your application. We can assist you in every stage of the SSD claim process – the initial application stage, the reconsideration stage and the formal hearing in front of an Administrative Law Judge.
Our firm is established and professional, and our staff and attorneys are friendly and easy to talk to. Our seasoned disability benefits lawyers have helped thousands of clients obtain the compensation and benefits they were entitled to receive.
Please contact us for a Free consultation
Sources:
- Social Security Administration: Benefits for Disabled Widows or Widowers
- Social Security Administration: What We Mean By Disability