How Long Do I Have After My Husband's Death to Prove My Disability for Social Security?

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Surviving spouses and even divorced surviving spouses (who were married at least ten years) can sometimes get Social Security disability benefits (SSDI) based on their deceased spouse's work record. These benefits are called disabled widow(er)'s benefits (DWB). The deceased spouse must have worked enough years paying Social Security taxes into the system for the surviving spouse to be eligible for Social Security benefits.

Requirements for Disabled Widow(er)'s Benefits

The surviving spouse must be at least age 50 and disabled to be eligible for SSDI auxiliary benefits (benefits based on someone else's work record), and must have become disabled before age 60 and no later than seven years after the deceased spouse's death. This seven-year period is known as the prescribed period. It does not matter if a spouse became disabled immediately after her spouse's death if she did not reach the age of fifty within seven years of her spouse's death.

If the surviving spouse does become disabled within seven years of her spouse's death, and is over age 50, she will be eligible for disability benefits, but the benefits will not be payable for the months before the surviving spouse reached age 50, even though the impairment may have existed before age 50.

Exception for Mother and Fathers

If the surviving spouse received benefits as a surviving father or mother (because he or she had children under 16 in his or her care), the seven-year period doesn't start until the surviving spouse stops receiving mother's or father's benefits. As you can see, this exception can greatly lengthen the time an individual is eligible to apply for disabled widow or widower's benefits.

Survivor Old Age Benefits

The widow or widower of someone who was insured under Social Security can file for widow's benefits (called a survivor's benefit) based upon age at age sixty, whether or not the widow or widower is disabled. This has nothing to do with Social Security disaiblity insurance (SSDI). Note that those who receive Medicaid benefits because they are eligible for SSI may lose their Medicaid benefits when they file for survivor's benefits at age 60.



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