People are eligible to receive Social Security disability benefits if a long-term injury or illness prevents them from being able to take part in a substantial gainful activity – sometimes called an ‘SGA.’ In other words, the disability recipient must not typically be able to work at any job or in any capacity.
In the event a person’s disabled spouse passes away, the surviving spouse and any dependents might be able to recover Social Security survivor benefits in the event certain requirements are satisfied.
If you are interested in learning whether you may be eligible for survivor spouse benefits, an experienced OC SSDI lawyer could assist. If you are eligible to receive these benefits, your lawyer could assist you with pursuing them and collecting them in a timely manner.
There are several ways in which a surviving spouse might be eligible to recover widow’s or widower’s SSDI benefits. First, you might be eligible to collect these benefits if you provide care for a child who is under 16 years of age and who receives SSDI survivor benefits from your decedent spouse. In that instance, you, as the surviving spouse, could be eligible to recover 75 percent of the SSDI benefits belonging to your deceased spouse.
In addition, if you are at least 60 years of age but have not yet reached your full retirement age, you might be eligible to receive between 71.5 percent and 99 percent of the SSDI benefits belonging to your deceased spouse. Likewise, if you have reached at least full retirement age, you could be eligible to receive 100 percent of the SSDI benefits belonging to your deceased spouse.
Finally, if you are at least 50 years of age and suffer from a disability, and your disability began within seven years after your spouse passed away – or before your spouse passed away – you could be eligible for 71.5 percent of the SSDI Benefits belonging to your deceased spouse.
In some instances, however, you may not be eligible to receive surviving spouse disability benefits. First, if your spouse passes away and you remarry before you reach 60 years of age, you will not be eligible to receive surviving spouse benefits. However, if you remarry after reaching 60 years of age (or 50 years of age if you suffer from a disability), your eligibility for surviving spouse SSDI benefits will not change.
In addition, if you work while you collect widow or widower SSDI benefits, the amount that you receive per month could go down. This will depend upon your earned income as well as your age.
An experienced OC SSDI lawyer in your area will be able to answer all your questions about eligibility for surviving spouse SSDI benefits. Assuming you are eligible, your attorney could assist you with pursuing the survivor SSDI benefits that you need.