When the working spouse of a disabled person dies, the financial hardships can be overwhelming. However, if your deceased spouse paid Social Security taxes and you are disabled, you may be eligible for Social Security disabled widow/widower benefits.
In general, to be eligible for the SSDI disabled widow benefit, you must be between the ages of 50 and 60 and meet the SSA’s definition of disability. If you qualify, these benefits can be a lifeline, providing you with a significant source of income.
Gary Wayne Jones of The Law Center For Social Security Disability has more than thirty years of experience as an Oklahoma City Social Security benefits lawyer helping people obtain the benefits they are entitled to receive. We would like for you to be our next success story. Give us a call today at (405) 236-1416 to schedule a free consultation.
Why Choose Us at The Law Center of Social Security Disability
As your local Oklahoma disability attorney with over 30 years of experience serving the community, we know how devastating life is when a spouse dies. It is critical not just to know your way forward but also to have an advocate who can guide and support you through the challenges. We can do this with confidence.
We provide free consultations to discuss your case with no obligation to work with us if you decide not to do so. You can expect our local attorney to consistently remain by your side when you utilize our extensive knowledge and services. We aim to always provide personalized service for you, especially in your time of need.
What Are Widow/Widowers Disability Benefits
Social Security Widow or Widower benefits are based on the earnings of a deceased spouse. These benefits can begin as early as age 60.
Disabled widows and widowers may be able to begin receiving those benefits as early as age 50. For this to happen, the disability must have begun before the spouse’s death or within seven years after the wage-earner spouse’s death.
However, if a disabled widow or widower is caring for the deceased wage-earners minor child and is receiving Social Security benefits for those children, the seven-year time period does not begin to run until those payments stop.
If a disabled widow or widower does not reach the age of fifty within seven years after their spouse’s death, and there are no minor children, widow or widower benefits are not available. An Oklahoma City Widower Disability lawyer can help you access those benefits.
How to Apply for Widow/Widower’s Disability Benefits
Disabled widows or widowers have the right to seek support through a disability claim. The death of a spouse who is working to be the income earner for the family creates intense financial hardship for disabled dependents. However, with disability benefits for widows and widowers, you can apply for support.
To qualify, you must be between the ages of 50 and 60 years old. You must also meet the Social Security Administration’s strict definition of disability in your case. You must have been married to the person who died for at least 9 months.
If you are an ex-spouse and are at least 60 years of age, you may qualify for survivor benefits. If you are under the age of 60 but you are caring for the deceased person’s child, then you may also qualify.
You can apply directly with the Social Security Administration yourself. However, this creates the risk of making mistakes that could delay your ability to receive compensation or may even lead to a full denial of coverage. Instead, we encourage you to seek the help of an Oklahoma City widow/widowers disability attorney from our firm. We will guide you in filing a claim and detailing exactly what your needs are.
Common Challenges Faced by Widows/Widowers
Obtaining compensation from the Social Security Administration is not simplistic. There are various potential challenges that could cause you to receive a denial. Consider the following:
- Disability requirements: The most common reason why such denials occur has to do with not meeting the complete disability requirements under Social Security Administration guidelines. If there is any question about this, work with your doctor and attorney to improve clarity on your ability to meet the specific standards for your condition.
- Timing of disability: It is also necessary to prove that the disability occurred within the required timeframe. This can be challenging in some situations simply because of the lack of proof. With the help of your attorney and medical team, you should be able to build a case that demonstrates this qualification.
- Rejection: It happens in many cases, but it does not mean you cannot move your case forward. If you receive a rejection for any reason, work with an attorney to overcome it. Ensure you review the reason for the rejection and build the strength of your application in that area before you appeal.
These laws are inherently complicated to follow. Yet, the guidance of our highly skilled legal team can help you avoid many of the most common challenges you face. Contact our attorneys to gain more insight into your rights.
How to Prove Disability for Widow/Widowers Disability Benefits
The Social Security Administration (SSA) has a strict definition of disability. It is the same definition for a widow or widower as for a disabled wage-earner. This means the disability must be such that:
- The widow or widower is unable to perform the work they performed before as the result of a medically diagnosed condition;
- The widow or widower is unable to adjust to another type of full-time work because of the condition, including consideration of factors such as the person’s age, education, and work history; and
- The widow or widower’s condition has either lasted or is expected to last for 12 consecutive months or result in the person’s death.
The SSA does not offer partial disabled widow or widower benefits. The applicant must meet the strict definition of disability or no benefits will be paid. An Oklahoma City Widower Disability attorney will walk you through the process of proving your qualifications.
How Much Can a Disabled Widow/Widower Receive in Benefits?
The amount of benefits a disabled widow or widower can receive depends on the deceased wage-earner’s average lifetime earnings. If a disabled widow or widower is between the ages of 50 to 59, the benefit will be 71 ½ percent of the wage-earner’s benefit amount.
For a widow or widower of any age who is caring for a child under the age of 16, the benefit amount will be 75% of the wage-earner’s benefit amount.
How Remarriage Affects Widow/Widower Disability Benefits
A disabled widow or widower who remarries before reaching the age of 60, will not be able to receive benefits as long as they stay married.
However, an Oklahoma City widow disability lawyer can help you navigate the complexities of your situation and understand your rights. Remarriage does not affect the benefits of a widow or widower over the age of 60, whether disabled or not.
Contact an Oklahoma City Widow/Widower Disability Attorney
If you are a disabled widow or widower and your deceased spouse paid Social Security taxes, you may be eligible to receive Social Security benefits as early as age 50. The application process is often complex and can be overwhelming.
We would like to help. Gary Wayne Jones has been compassionately and successfully guiding Oklahomans through the Social Security disability process for more than thirty years.
Call an Oklahoma City Widow Disability lawyer today at (405) 236-1416 or visit our contact page to schedule a free consultation. We will listen to you, answer your questions, and explain your options. If we represent you, we will fight tirelessly for your right to receive the maximum benefits you deserve.