Social Security Disability Widow Benefits

disability lawyers in rhode island

If you have been married, you may be eligible to receive Social Security benefits based on your spouse’s work record. This is true not just for retirement benefits, but also in some cases for Social Security Disability (SSD) income as well.

If your spouse has passed away and you are unable to work due to a disability, it is important to determine if you can receive SSD benefits as a widow or widower.

Marasco & Nesselbush has represented thousands of disabled clients in the SSD claims and appeals process since 1999. We know the disability benefits program inside and out.

We are ready to review your circumstances, determine the best way to maximize your disability income and take care of submitting your application to the Social Security Administration (SSA) for you. If you’ve already applied and been denied benefits, don’t give up. Many people in your situation go on to receive the benefits they need and deserve, and Marasco & Nesselbush can help with the appeals process.

Call or contact us online today to speak with a member of our legal team to find out how we can assist with your application or appeal. Our Rhode Island Social Security Disability lawyers will work diligently to resolve your Social Security Disability claim.

Social Security Benefits for Widows and Widowers

To be eligible for Social Security Disability Insurance (SSDI), you generally must have earned a required number of work credits. The required number of credits differs based on how old you were when you became disabled. The SSDI benefits you receive are based on your reported wages and the taxes you paid into the system when you worked.

Those who have not earned enough work credits may qualify for Supplemental Security Income (SSI), which usually provides a lower maximum monthly payment. You must have little income and few assets to qualify for SSI.

The maximum you can receive in SSI disability income if you didn’t work enough to qualify for SSDI is $721 per month as of 2014. For disabled workers receiving SSDI, on the other hand, the average monthly benefit is $1,146, but the amount you may receive could be as much as $2,642, again depending on how much you earned when you worked and how much you paid in taxes.

This means that if you can qualify for SSDI based on your deceased spouse’s earnings, you could more than double your monthly income in certain circumstances.

If you did not earn enough work credits or you earned less than your spouse, it is critical to determine whether you are eligible to base your SSD claim on your spouse’s work record. This is possible for widows, widowers and surviving divorced spouses if:

  • The disabled spouse is between the ages of 50 and 60.
  • The medical condition meets the Social Security Administration’s definition of “disabled” based on the Blue Book listing of adult conditions.
  • The disabling condition either started before the worker’s death or within seven years of the worker’s death.

If you meet these criteria, you can make a claim for social security disability survivor benefits. This often makes it possible for a claimant to get significantly more monthly income to meet his or her needs.

Our Rhode Island Lawyers Can Help You Get the Full Social Security Disability Death Benefits You Deserve

Widows, widowers and surviving divorced spouses cannot apply for survivor benefits online. They must prove both that they are eligible for the widow or widower’s benefits and that they meet the definition of “disabled” used by the SSA.

At Marasco & Nesselbush, our skilled and experienced attorneys have helped thousands of disabled individuals put together a strong disability benefits application. We are ready to assist you in understanding your eligibility, deciding which disability program(s) to apply for and most importantly, getting the medical evidence you need to win your case and obtain maximum benefits.

Denied? Don’t Give Up!! We will also help you appeal a denial of benefits. We have a track record of success, providing compassionate and effective advocacy during the SSD application and appeals process, and we won’t give up until you receive benefits, or until we have exhausted all possible theories of appeal.

Our attorneys do not charge legal fees unless we can win your case and get you the benefits you need and deserve.

Call or contact us online today to speak with a member of our compassionate and skilled legal team, so we can get started on your SSD case. There is no charge for the consultation and no obligation.