A person who develops a severe disability that prevents them from maintaining employment may apply to the Social Security Administration (SSA) for financial benefits to make up for lost income. However, Social Security Disability Insurance (SSDI) benefit programs have strict eligibility requirements, including having a prior work history and contributions to the Social Security system. Fortunately, widows and widowers can rely on their deceased spouse’s work record to qualify for SSDI benefits.
Applying for disability benefits can become a complex, time-consuming process, as the SSA denies many applications on initial review. Having experienced legal help can improve your chances of success on your disabled widow’s or widower’s benefits application. Contact Disability Advocates Group Florida today for an initial consultation with an SSD lawyer to learn how our firm will guide you through the application process and advocate for your right to disability benefits. Our experienced attorneys will work hard to offer you peace of mind through personal attention and vigorous representation so you feel supported through every step of the application process.
Understanding Social Security Disability
The Social Security Administration maintains disability benefits programs for individuals who develop disabilities that prevent them from working. These programs offer monthly payments to help recipients cover living expenses. Some of the SSA’s disability benefits programs require recipients to have sufficient work history to qualify for benefits. However, the SSA also operates a program for disabled individuals whose deceased spouses earned sufficient work credits to qualify for SSDI benefits.
Under the Social Security system, workers can earn work credits by earning income subject to Social Security taxes. As of 2024, a worker will earn a work credit for every $1,730 in taxable income (this amount increases regularly to reflect inflation). Workers can earn a maximum of four credits per year. The number of credits a person needs to qualify for SSDI benefits depends on their age. Workers also must have sufficient recent work history to qualify for disability benefits.
Workers who qualify for SSDI benefits can pass on their qualification to their spouse, who may rely on the working spouse’s employment history to qualify for Social Security.
SSDI Benefits for Widows/Widowers
A widow or widower can qualify for SSDI benefits by meeting specific eligibility criteria, including:
- Having reached age 50 but not yet age 60
- A marriage to the working spouse lasting at least nine months before the spouse’s death (although exceptions apply)
- Being currently unmarried
- Not entitled to an equal or higher Social Security benefit based on their own work history
The SSA calculates a disabled widow’s or widower’s benefits based on their average earnings.
A widow or widower applying for disability benefits must meet the SSA’s definition of having a disability. A person may have a qualifying disability when they have a severe physical or mental impairment or combination of conditions that prevent them from working for at least 12 months, or that will likely result in their death. A person may have a “severe” impairment if they have a condition listed in the SSA’s Listing of Impairments, which recognizes specific medical conditions as “severe.” Alternatively, a person may demonstrate that their impairment equals the severity of a listed condition.
The SSA will also evaluate whether an applicant can perform any of their previous jobs despite their impairment and whether they can perform any other kinds of work based on their age, experience, and education or training.
Applying for Widow/Widower Benefits
A disabled widow or widower can apply for SSDI benefits over the phone or in person at their local Social Security office. Their application will require supporting documentation such as:
- Proof of the spouse’s death
- Proof of the widow’s or widower’s citizenship or lawful permanent residency
- The marriage certificate
- W-2 forms or self-employment tax returns
- A description of the widow’s or widower’s disabling medical condition
- A medical release form authorizing the SSA to access medical records
Options If Your Application Gets Denied
Unfortunately, the SSA denies many applications for disability benefits after an initial review. Many denials occur due to insufficient evidence or documentation to support finding a qualifying disability or establish the applicant’s eligibility for benefits.
Fortunately, you have other options if your application is denied. First, you can request reconsideration, which allows you to submit additional documentation to supplement your application based on the SSA’s reasons for denial.
Suppose the SSA upholds the denial of your application. In that case, you can request a hearing before an administrative law judge to argue why the SSA erred in denying your application. If the judge rules against you, you may further appeal to the SSA’s Appeals Council and, from there, to the federal courts.
How Disability Advocates Group Florida Can Help You Seek Widow/Widower Benefits
After developing a severe disability that renders you unable to work and support yourself following your spouse’s death, you may pursue disability benefits from the SSA based on your spouse’s work record. Let the experienced legal team at Disability Advocates Group Florida guide you through the benefits application process by:
- Reviewing your case to determine your eligibility for benefits, including evaluating whether you have a qualifying disability and your deceased spouse’s work record
- Helping you gather the supporting documentation you need for your application, such as your marriage certificate, your spouse’s death certificate, income records, and medical records
- Assisting you with preparing and filing your application
- Explaining the SSA’s grounds for denial if you receive a denial letter
- Pursuing the appeals process for a denied application, including seeking reconsideration or administrative hearings or filing your case in federal court, if necessary
Contact Us Today to Discuss Your Eligibility for Disability Benefits
When you’ve become disabled and are no longer able to work, you may have the right to seek Social Security Disability Insurance benefits based on your deceased spouse’s work record. Contact Disability Advocates Group Florida today for an initial case evaluation to determine your eligibility for disabled widow’s or widower’s benefits and learn more about the application process.