What You Need to Know: Widows Benefits and Social Security Disability
When you qualify for two types of Social Security benefits, such as widows benefits and Social Security disability (SSDI), you may be unsure which to pursue or how they might work together.
Understanding the Two Types of Benefits
Widows benefits and Social Security disability benefits are both monthly federal benefits administered by the Social Security Administration (SSA) and based on work credits accrued. However, there are significant differences between the two. First, widows benefits are based on the deceased spouse’s work record, not the recipient’s.
Second, disability benefits can be awarded at any age, but are only available to workers who meet the SSA’s definition of “disabled.” Widows benefits, with certain exceptions, are only available to people who have reached a certain age.
Widows benefits are a type of survivor benefits. Though you may hear these terms used interchangeably with “death benefits.” Social Security does offer a death benefit, but it is a small, one-time payment that is separate from these monthly benefits.
Widows Benefits
Widows benefits, technically known as survivors’ benefits, are available to certain dependents of a deceased worker who earned Social Security benefits. The widow or widower of a qualified worker is entitled to Social Security survivors’ benefits if certain qualifications are met:
Widows Benefits Age Requirements
In most circumstances, the surviving spouse of a deceased worker may receive widows’ benefits only if:
- The surviving spouse has reached full retirement age (reduced benefits are available at age 60), or
- The surviving spouse is at least 50 and has a disability
The age requirements above do not apply if:
- The surviving spouse is caring for a child or children of the deceased who are under the age of 16 and receiving Social Security benefits, or
- The surviving spouse is caring for a child of the deceased who is disabled and receiving Social Security benefits
Other Social Security Rules for Widows
A divorced spouse of a deceased worker may qualify for benefits under the same conditions if the marriage lasted at least 10 years. The 10-year requirement is not imposed if the former spouse is caring for children of the deceased as described above. However, remarriage may disqualify a former spouse from survivor benefits. Generally, a former spouse who remarries after turning 60 remains eligible.
However, a former spouse who remarries younger may or may not be eligible for Social Security benefits, depending on:
- The type of benefits in question
- Whether the former spouse is disabled
- Whether the former spouse remarried before age 50
- Whether the later marriage has ended
An experienced Social Security benefits advocate can help you determine which types of benefits you may be entitled to in your specific circumstances.
Social Security Disability Benefits
SSDI benefits are payable to qualified workers who are unable to engage in substantial gainful activity due to a disability that is expected to last at least one year or be fatal. To qualify for SSDI, you must have accumulated a sufficient number of work credits, including a certain number of recent credits. The exact number depends on your age when you became disabled.
SSDI Widow Eligibility Requirements
Unlike retirement benefits and survivor benefits, SSDI benefits are awarded only on your own work record. That means Social Security disability eligibility requirements for a widow are the same as they would be for anyone else.
The applicant must meet technical requirements, such as having accrued sufficient work credits to qualify for disability benefits. And, they must meet the SSA’s definition of disability based on a condition or conditions that have lasted or are expected to last for at least 12 months. There are multiple steps in the disability determination process. First, the SSA will look to see whether the person is earning enough money to be considered engaged in substantial gainful activity. Note, though, that survivor benefits do not count toward SSDI income limits. The SSA will be looking only at income earned through work or self-employment.
If they are not, the next step is to consider whether they meet or equal a listing in the Social Security blue book. If they do not, the SSA uses a more holistic analysis to determine whether they might still be considered disabled.
Can You Get Both SSDI and Widows Benefits?
You may qualify for both disability benefits and widows benefits. But, you can’t get the full amount of both benefits. Instead, your monthly benefit will be capped at the higher of the two amounts. Here’s an example of how that might play out.
SSDI and the Death of a Spouse
Imagine that you are receiving $1,350/month in Social Security disability benefits when your spouse passes away. Since you are disabled, you become qualified for survivor benefits if you are at least 50 years old. You may also qualify if you are younger than 50 but caring for your deceased spouse’s child.
Say you qualify for $1,900/month in survivor benefits. You won’t receive the full amount of each benefit, and the survivor benefits won’t replace the lower SSDI benefit.. Instead, you will continue to receive your $1,350 in disability benefits and will receive an additional $550/month in widows benefits to bring you up to the amount of the higher benefit.
Need Help Getting Social Security Disability Benefits?
SSDI benefits provide a crucial source of support for workers who become disabled. But, unfortunately, most claims are initially denied. Too often, applicants get discouraged and miss out on benefits they’ve earned through years of hard work and paying in premiums through payroll taxes.
At Disability Help Group, we have deep knowledge of the rules that govern the SSDI application process and the type of evidence necessary to submit the strongest possible application. Working with an experienced disability benefits advocate from the beginning can help avoid common missteps that can delay your claim or lead to denial.
If you’ve already applied and been denied, we can still help. Our advocates will assess the denial letter you received and other information to determine what went wrong and what additional information or documentation will most strengthen your case on appeal.
To learn more, contact us here or call (800) 800-3332.
