Disabled widow’s benefits are Social Security survivor benefits for older, disabled partners of insured beneficiaries who have since passed on. If you lose your spouse, and they worked long enough to qualify for Social Security disability benefits or insurance benefits at their time of death, you can be eligible for disabled widow’s benefits if you, too, suffer a disability after their death. However, you must meet the required qualifications to apply for these benefits. A skilled social security attorney can help you understand your eligibility and guide you through the application process. They can also fight for your rights to ensure you receive the benefits you deserve.
Qualifying for Disabled Widow’s Benefits
If your partner dies in California, you can qualify for survivor benefits if they worked long enough to qualify for Social Security disability insurance or retirement benefits. The Social Security Administration issues such benefits to ensure that widows or widowers of social security benefits live comfortably, even after the death of their eligible partners. However, there should be proof that you were married to the beneficiary for nine months or more, and must be 60 years or older. If you have a disability, you can apply for disabled widow’s benefits at an earlier age of 50.
However, you must be eligible for these benefits for your application to be granted by the Social Security Administration. Typically, you must be a widow or widower, have a disability, and your partner must have worked long enough to receive social security benefits when they die. A spouse can apply for these benefits, provided they meet the eligibility criteria.
Typically, the Social Security Administration will consider the following:
Your Age and Marital Requirements
An applicant for disabled widow’s benefits must be aged between 50 and 60 years old. They must prove that they were married to a Social Security benefits benefactor for nine months or more. There should also be proof that your partner died while still in the marriage. There is also a requirement that you should not have remarried before the age of 50.
Disability Requirements
Disabled widows’ benefits are only granted to disabled widows or widowers of eligible social security benefits beneficiaries. Thus, there should be proof that you have a disability. The disability should have developed before or slightly after your spouse’s death (at least within seven years of their death). Additionally, the disability must be severe enough to affect your ability to work for a substantial income. It should be severe enough to last for at least one year, or to result in death.
The Social Security Administration has a specific criterion for the kind of disability it considers severe enough to result in death or last for at least one year. Alternatively, the disability must be severe enough to qualify you for Social Security Disability benefits under different circumstances.
Your Partner’s Work History
Disabled widow’s benefits are only granted to spouses of deceased beneficiaries of Social Security benefits. Your partner must have worked for a sufficient period to qualify for the benefits.
In addition to the above requirements, the Social Security Administration will consider these factors when granting or denying your application:
- It will consider whether you are receiving other benefits. In this case, you cannot qualify for equal or higher retirement benefits based on your personal work record.
- If you were divorced at the time of your spouse’s death, the administration will consider additional criteria, including a ten-year marriage duration.
If you are eligible for disabled widow’s benefits, you can qualify for medicare coverage 2 years after receiving the benefits. Medicare is a federal health insurance program for individuals aged 65 and older, as well as those with specific conditions or disabilities who are younger than 65.
Disabled Widow’s Benefits After 60
Typically, you qualify for disabled widow’s benefits from the age of 50 to 59. If you are 60 years or older, you can file for aged widows' insurance benefits. If you applied for disabled widow’s benefits at 50 to 59, the Social Security Administration converts your benefits to widow’s insurance benefits.
How The Administration Calculates Widow’s Benefits
There is usually no standard amount for disabled widows applying for Social Security benefits. The Social Security Administration determines the amount you should receive based on the following factors:
- Your age at the time of the application
- The amount of your deceased spouse’s primary insurance
- Whether or not your partner was receiving Social Security benefits at the time of their death, whether for early or actual retirement
If you are applying for the benefits while you are fully retired, you could receive 100% of the amount of your spouse’s primary insurance benefits. However, since you can only apply for disabled widow’s benefits before attaining full retirement, the amount you receive will be less than what your spouse would receive at their full retirement.
For example, if you are applying while aged 50 to 59, your monthly disabled widow’s benefits will be less by about 28.5% than what your spouse would have received at their retirement. This can also be calculated as 71.5% of your spouse's primary insurance benefits amount. Specifically, if your deceased partner was already receiving $3500 monthly in retirement benefits, the monthly widow’s disability benefits you receive will likely be 71.5% of that amount.
Additionally, collecting disabled widows’ benefits before the age of 60 reduces the amount you receive in spousal retirement or survivor benefits after 60. This will remain the case even after reaching full retirement. However, you can increase the amount by switching to retirement benefits according to your personal work record. You can do this after attaining the age of 62 to increase your monthly income.
On the other hand, if you file for disabled widow’s benefits at 60, and before your retirement, the impact this will have on your benefits is less. You can receive from 71.9% to 99% of the spouse’s primary insurance benefits amount. The trick is to apply for disabled widow’s benefits close to your retirement age, which will minimize the reduction in your benefits after retirement. Remember that the full retirement age for everyone born in 1962 or later is 67.
Factors That Can Reduce Disabled Widows’ Benefits
When applying for Social Security benefits, it is helpful to know what can increase or reduce your benefits, allowing you to prepare for what to expect. An experienced attorney can help you understand the factors that may affect your benefits and advise you on how to mitigate their negative impact.
If your partner was already receiving early retirement insurance benefits before their death, this can affect your disabled widow’s benefits. Remember that your disabled widow’s benefits are calculated based on the amount your partner was receiving. This means you could be entitled to a reduction of up to 30% of their full retirement benefits.
You will also likely receive less disabled widow’s benefits if the amount your family received from Social Security after your partner’s death is more than the maximum benefit allowed for families. Typically, families receive from 150% to 180% of their kin’s primary insurance amount after their death. Social Security will reduce any other survivor benefits if the family gets more benefits than the survivor benefits are worth. However, there are exceptions to this rule, which a skilled attorney can help you raise, to reduce the impact on your expected benefits.
Additionally, you can receive less disabled widow’s benefits if you were in active employment at the time of attaining full retirement. If you earned more than $22,320 per annum as of 2024, the insurance will likely reduce a dollar from your benefits for every two dollars you earn. If you earn above that threshold, you will likely lose your benefits due to working more than you should. This means that you will not be severely affected if you are already receiving disability benefits.
Thus, if you do not have a disability but are eligible for aged widow’s benefits, your benefits will be reduced if your earnings are above the given threshold. However, any reduction in your widow’s benefits will be added to your retirement benefits through a few adjustments once you attain full retirement.
Other factors that can affect your disabled widow’s benefits include the following:
- Remarrying before the age of 50 will stop your disabled widow’s benefits. If you remarry after 50, your eligibility will depend on the status of your new spouse’s Social Security benefits.
- Failure to promptly report changes that can affect your eligibility can stop your benefits. Essential changes you should report include remarriage, changes in your income, and any changes in custody arrangements.
Once you start receiving disabled widow’s benefits, you must do your best to maintain them. Here are some of the things you can do to maintain the benefits:
- Notifying the Social Security Administration of any changes that can affect your benefits immediately after they happen. This includes your marital status, work activity, or personal information that can result in benefits overpayment or reductions.
- Understand the limitations of earning an income while receiving survivor benefits to avoid a reduction.
- Provide all the required information and respond promptly to any requests for information by the Social Security Administration to maintain up-to-date and accurate records.
- Cooperate every time the Social Security Administration wants to review your disability status. This is necessary to prove that you are still eligible for survivor benefits.
Disabled Widow’s Benefits Back Pay
Regardless of when you apply for disabled widow’s benefits, the payment will be from the month you first became eligible. Social Security does not necessarily consider the date of application, but the date of eligibility. This also helps because it takes time for your application to be processed and approved. In this case, you are qualified for a back payment if your application is approved after your eligibility period has expired.
If you are approved for back pay, the amount you will receive will depend on the following:
- The date you submit your application
- The date you suffered a disability
- The waiting period (usually five months) after your disability, when you are generally not qualified for benefits
- Your age, mainly because you are not entitled to disabled widow’s benefits before you turn 50
- The date you lost your spouse, since you can only receive benefits after your spouse’s death
If you qualify for back pay, the Social Security Administration will make payments for a maximum of one year before the application date. However, this applies only if you were eligible for the benefits at least seventeen months before applying, due to the compulsory waiting period. Additionally, the payments you receive will cover the time your application was being processed.
The Application Process
If you meet the required criteria for disabled widow’s benefits, a skilled attorney can help you file your application. Here are typical steps you will take to receive the benefits you deserve:
- Gather all the required documents, including your marriage certificate, your spouse’s death certificate, your and your partner’s Social Security numbers, and your medical records to prove that you have a disability. Your birth certificate or any other proof of age will also be required.
- Complete the application form and submit it to the Social Security Administration. You can contact their office beforehand to schedule an in-person meeting to complete the application process.
- It may take several months for Social Security to process your application. Therefore, you should wait for their response. Once the administration makes a decision, they will contact you via phone or email. You could also be contacted to provide additional information or documents to support your application.
If they grant your request, you will start receiving the benefits you deserve. However, you have the right to provide additional information if your application is denied.
Find a Competent Social Security Disability Lawyer Near Me
Social Security offers several survivor benefits to Social Security beneficiaries in California, including disabled widow’s benefits. If you sustain a disability that affects your ability to earn a living, and your spouse has worked long enough to receive retirement benefits, you could be eligible. However, the eligibility criteria and the application process are very complex. You need the assistance of an experienced Social Security Disability attorney to navigate them successfully.
At Leland Law, we assist during your most challenging times. Our competent attorneys can quickly step forward to guide and vigorously advocate for your rights. Call us at 866-449-6476 to learn more.
