Losing a spouse is one of the most challenging experiences anyone can endure. The emotional toll is immense. For those who have been caring for a partner receiving disability benefits, the financial burden can also be overwhelming.
The surviving spouse may have relied on their partner’s disability income to help cover everyday expenses. The transition after their partner’s death can be jarring and stressful.
Understanding how a spouse can get disability benefits after death can provide some much-needed relief.
Are You Eligible for Spousal Disability Benefits?
The surviving partner of a deceased spouse on disability may receive a portion of those benefits. However, this is not automatic and depends on several key factors. To qualify for these benefits, the surviving spouse must meet certain requirements set by the Social Security Administration (SSA).
- Age and Marital Status: The surviving spouse must be at least age 60 or age 50 if they are disabled. The spouse might also take care of a deceased person’s child or disabled children.
- Marital Duration: The marriage must have lasted at least nine months before the spouse’s death. Exceptions to this rule include accidental death or death in the line of duty for military service members.
- Dependency: The surviving spouse must have been financially dependent on the deceased partner. This means that Social Security disability insurance (SSDI) benefits were a significant part of the household income.
Calculating the Benefits For Surviving Spouses
The amount a surviving spouse can receive depends on their age and their relationship to the deceased at the time of death. Here’s a breakdown of how these benefits are typically calculated:
- Full Retirement Age
- The spouse who is still alive must be at least 66 or 67 years old. They can receive 100% of the benefits.
- Age 60 to Full Retirement Age
- Let’s say the surviving spouse is between 60 and full retirement age. In this case, they can get 71.5% to 99% of the deceased spouse’s disability benefit.
- Age 50 to 59
- If the surviving spouse is between age 50 and 59 and disabled, they are eligible for 71.5% of the benefit.
- Caring for a Child
- The spouse is taking care of a child under 16 or a child who is disabled. The surviving parent can get 75% of the deceased spouse’s benefit.
All percentages are based on the amount the spouse was receiving before death.
Applying for Survivor Benefits
Applying for benefits if you’ve been caring for a spouse on disability can be a complex process. It’s crucial to gather all necessary documents and information before beginning. The surviving spouse will need to provide the following:
- Proof of death (from a funeral home or death certificate)
- Social security numbers for both the deceased and the surviving spouse
- The surviving spouse’s birth certificate
- Marriage certificate
- Dependent children’s social security numbers and birth certificates, if applicable
- Banking information for direct deposit
Given the intricacies of these applications, seeking guidance from a knowledgeable source can be incredibly helpful.
Surviving Spouse Applies for Disability Benefits
The surviving spouse might need to apply for disability benefits in the future. If they do, there are several important considerations to keep in mind regarding the deceased spouse’s benefits. The interplay between survivor benefits and the surviving spouse’s disability benefits can affect the total amount received.
- Choosing Between Benefits
- Surviving spouses who qualify for both benefits may receive both, but not in full.
- The Social Security Administration (SSA) will not pay the full amount of both benefits. Instead, the SSA will first pay the surviving spouse’s disability benefit. If the survivor benefit is higher, they will receive a combination of benefits that equals the higher amount.
- Choosing the Most Beneficial Option
- In some cases, the surviving spouse may choose to delay applying for their own SSDI benefits. One example of this involves the survivor benefit amount being higher than the surviving spouse’s disability benefit. It may be advantageous to receive survivor benefits initially and apply for their own SSDI benefits later.
- This strategy can be particularly beneficial if delaying the application increases the future disability benefit amount.
- Reduction in Survivor Benefits
- Receiving SSDI benefits may reduce the amount of survivor benefits. This ensures the total benefit amount does not exceed what the SSA deems appropriate.
- Consultation with an Attorney
- Given the complexity of managing multiple types of benefits, consulting with a knowledgeable disability law attorney can help.
Scheduling A Disability Case Consultation With Us
At Jeffrey A. Rabin & Associates, we understand how overwhelming it can be to manage anything during times of grief. We do not specialize in assisting with SSDI spousal benefits. Our team is only dedicated to helping individuals apply for Social Security disability benefits.
If you or a loved one need help with a disability benefits claim, please reach out to us. Call (312) 431-1000.
