Social Security Disability Benefits For Widows And Widowers

To receive benefits under the Social Security Disability Insurance program, an individual must have either paid sufficient payroll taxes into the program or be the surviving dependant of someone who has done so. This means that if you are a disabled widow or widower, you may be eligible for Social Security Disability benefits based on your late spouse's work history.

For more than 30 years, Douglas W. Hutson, Attorney at Law, has helped people with disabilities receive the benefits they deserve. Mr. Hutson is an Athens native who has represented people in East Tennessee since earning his license to practice law in 1983.

If your widow or widower's SSDI claim has already been denied, you do not have to give up. The Social Security Administration denies the majority of initial claims. We can help you appeal your denial, and we won't charge you anything until we win your case. With offices in Athens and Cleveland, we serve families throughout eastern Tennessee.

Qualifying For SSDI Widow's And Widower's Benefits

If you are unable to work because of a physical or mental impairment, you may have relied on your spouse's income for financial support. Following the death of your spouse, you may be struggling to pay for your medical expenses and other necessities. Social Security Disability benefits for widows and widowers, also known as death benefits or survivor's benefits, can provide you with monthly financial benefits if you qualify.

In order to qualify, you must:

  • Be between the age of 50 and 60.
  • Demonstrate that your spouse earned the required number of work credits, having been a part of the workforce for a certain number of years.
  • Prove that you have a qualifying disability as defined by the Social Security Administration's definition of "disabled." In general, you must be able to show that you cannot do the work you have done previously or adjust to other work because of a physical or mental health condition. The disability must have lasted or be expected to last one year or result in death.
  • Prove that your disability started before or within seven years of your spouse's death.

You can qualify for widow's and widower's benefits even if you were divorced from your working spouse at the time of his or her death, as long as you were married for at least 10 years. You can also continue to receive disability benefits if you remarry after age 50.

Contact Us For A Free Case Review

To discuss your concerns with our law office, please call 423-453-3021 or schedule a free consultation online. We can discuss your options over the phone or you can meet with lawyer Douglas W. Hutson in one of our law offices in Athens or Cleveland.