SSD Disability: How Long Do I have After My Husband’s Death to Prove My Disability for Social Security?

Recently, I came across this question in a forum and it appeared that the woman who received a denial letter for disabled widow’s benefits did not understand why she was being denied.

She stated that she had issues with the reason they denied her claim, so she appealed the decision. The reason her disabled widow’s claim was denied was that she did not meet the non-disability criteria for disabled widow’s benefits. She was denied because she was not age fifty within seven years of her husband’s death (the seven year period known as the prescribed period begins with her deceased husband's death, or when she last could receive benefits as a mother in care of minor children) and she did not meet any of the exceptions that might have extended that seven-year period.

Social Security provides benefits for men and women who are the surviving or divorced surviving spouses (divorced spouses must have been married ten years or more prior to divorcing) of a deceased spouse at the age of fifty if they are disabled and sixty if they are not disabled prior to the end of the prescribed period.

The Social Security Act states an individual must have become disabled prior to the age of sixty and no later than seven years after the deceased spouse’s death unless they were receiving as a surviving mother or father with children in care.

If an individual has minor children at the time of their spouse’s death, they are entitled until their child turns sixteen years old. As you can see, this exception can greatly lengthen the time an individual is eligible to apply for disabled widow or widower’s benefits.

In this case the woman was entitled to disability based upon need through the Supplemental Security Income disability program because she must not have been insured for Social Security disability when she was found to be disabled, additionally she was not fifty years old at the time she was found to be disabled by Social Security.

In fact, she states that she would not have been fifty until fifteen years after her husband’s death, and she did not indicate that she had been entitled to any type of surviving mother in care of children benefits. This widow, unfortunately, has nothing to appeal, because the Social Security Act basically states that an individual can only be entitled to disabled widow’s or widower’s benefits if they turn fifty within seven years of the deceased spouse’s death unless she met on of the exceptions mentioned above. It does not matter if she was disabled immediately after her spouse’s death if she did not reach the age of fifty within seven years of her spouse’s death. In this widow’s case there is no choice but to file for widow’s benefits based upon age at sixty.

Additionally, this beneficiary stated that she receives disability through SSI, so I am sure that she receives Medicaid. She seems very anxious to get the higher monetary benefit of her deceased spouse record, however she may not be able to considering the fact that the higher benefits may cease her eligibility for Medicaid.

In her case, not being able to file for widow’s benefits may allow her to receive medical coverage for a longer period of time. The SSI program will force her to file widow’s benefits at sixty because all SSI beneficiaries must apply for any benefits they might be entitled to when receiving a need based SSI disability benefit.

Unfortunately, many individuals loose their Medicaid benefits when they have to file retirement or widow’s benefit claims.