If you are a surviving family member of someone who qualified for or was receiving Social Security disabilitybenefits, you may qualify for death or survivor benefits.
To qualify for benefits as the widow/widower of an SSDI recipient, you must have been married to the beneficiary for at least nine months before his or her death. This requirement may be waived, however, if you are the biological parent of your deceased spouse’s child. In addition, you will only be entitled to benefits if your spouse was fully insured under the Social Security disability program.
If you are also disabled, you can qualify for disabled widow benefits if you meet each of the following criteria:
- You must be at least 50 years old
- Your disability must have begun after you reached the age of 50, but before you became 60
- Your disability must have begun before the death of your spouse or within 7 years after his or her death
- Remarriage will terminate your eligibility in most instances
- If you are not disabled, you cannot receive survivor benefits as a spouse until you are 60 years old.
Children of a fully insured Social Security disability recipient can receive benefits until age 18 or until they complete elementary or secondary education. To receive benefits, the child must not be married. Benefits are not limited to biological children—adoptees, stepchildren and grand children may qualify. In addition, a child who is or becomes disabled before age 22 is entitled to benefits without regard to age.
We handle all Social Security disability cases on a contingency basis. There will be no attorney fees unless we get compensation for your losses.