Am I Eligible for Disability Benefits Based on My Husband’s Account

May 3rd, 2018

Q: My spouse of 33 years passed away recently. I have been disabled for many years and have not been able to work. Am I eligible for disability benefits based on my husband’s Account?

A: Yes, you are. Social Security has very specific rules for payment of disabled widow or widower’s benefits. These same rules apply to surviving divorced spouses as well. The surviving spouse must be between the ages of 50 and 60 years old; you condition must meet Social Security’s definition of disability for adults; and, your disability must have started within 7 years of your spouse’s death.

You can speak directly with the Social Security Administration and have them assist you with filing an application for widow or widower’s benefits. You should contact the Social Security Administration as soon as possible to make sure you qualify for benefits and you have filed in a timely manner. You must contact Social Security by phone or in person. They do not take online applications for disabled widow/widower benefits.

Philip H. Garrow

Attorney at Law

Practice Limited to Workers’ Compensation Cases and Social Disability/SSI Claims


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