In addition to Social Security Disability benefits and Supplemental Security Income benefits, the Social Security Administration also has disability benefits for widows and widowers, but only if certain criteria are met.
• The deceased spouse must have been getting Social Security Disability or insured for Social Security Disability at the time of their death.
• The marriage must have lasted longer than 9 months.
• The disabled widow(er) must be between 50 and 59 years old.
• The widow(er)’s disability must have existed at the time of the spouse’s death, or within 7 years of their death.
• The disabled widow(er) must not have remarried before age 50 (or remarried after age 50 and the widow(er) was disabled at the time of the marriage)
If all those conditions are met, then the case proceeds to determine if the widow(er) meets the medical definition of disabled under Social Security rules and regulations, also known as the five-step sequential evaluation.
1) Are you working and earning substantial gainful activity?
2) Is your impairment severe and expected to be severe for at least 12 months or result in your death?
3) Does your impairment meet or equal a listing?
4) Does your impairment, or combination of impairments, prevent you from performing past relevant work (work you have done in the past 5 years at substantial gainful activity levels and lasted long enough to learn to do it)?
5) Does your impairment, or combination of impairments, prevent you from performing other work in the national economy?
The experienced social security disability attorneys at MCV Law can analyze your specific situation to determine if you qualify as a disabled widow(er). We can formulate a strategy based on the details of your unique case and help guide you through the process of pursuing a Social Security Disabled Widow(er)’s claim to maximize benefits you are entitled to. Contact MCV Law today to speak with a disability attorney about your entitlement to Disabled Widow(er)’s benefits.