Benefits for the Disabled Widow or Widower

Every now and then I encounter a case that potentially involves a claim for benefits by a disabled surviving spouse. This is a claim for disability benefits based upon the work record of the deceased spouse.

A claimant without enough quarters of coverage for Social Security disability insurance on his/her own work record could qualify for disability benefits via the spouse's work history. Or, perhaps the deceased spouse was a better earner, and the PIA is higher for that spouse's work record. 

The requirements for a disabled widow or widower claim are very specific, and are set forth in 20 C.F.R. 404.335. The claimant must be: 

• between ages 50 - 59; and
• disabled under Social Security's rules; and
• disabled within 7 years of the death of the spouse; and
• unmarried; or married again after attaining age 50, and met the disability requirements at the time of the remarriage.
• If the marriage lasted 10 years or longer, a divorced spouse still qualifies. See 20 C.F.R. 404.336.

When you have a client who is the right age, and there is a problem with quarters of coverage or a low PIA, remember to inquire about a deceased spouse (or former spouse).

{Update: Be sure to read the comment below, regarding the 7 year requirement, and then look at 20 C.F.R. §404.335(c)(1)}

Comments

[G Pruzan]

It's actually within 7 years of the wage earner's death or within 7 years of last eligibility for benefits on his/her account. For example, a dad dies when kid is 6 and a mom and kid get survivor's benefits that end for the mom when the kid is 16. Mom applies for disability at age 54. It's more than 7 years from the wage earner's death but not more than 7 years since the benefits ended. She's eligible on the spouse's account if she's disabled before those benefits end or within 7 years of them ending even if those dates are more than 7 years after the wage earner died. The point I'm trying to make is that there's eligibility there sometimes even when it's been more than 7 years since the wage earner died.

[Gordon]

Great comment. Thank you very much! I will update the post.