Ask Larry

Could You Please Explain Survivor Benefits When The Surviving Spouse Is Disabled?

Hi Larry. Could you please explain widow survival benefits when the surviving spouse is disabled before age 60 and has not ever received any sort of disability/nor ever applied on their own record (not eligible) or SSI? I don’t understand what it means that you are eligible at age 50 if the disability occurred within 7 years of spouses death. How is the date of disability decided? My husband and I have been married almost 30 years, and I’m only 50 while he is 65 and retiring next year. I became disabled a year ago. His concern, (and mine now) is how would this affect me if something were to happen before I’m 62? Thank you so much

Hi. If you're at least age 50 and if you're already disabled before your husband's death, you would be potentially eligible for disabled widow's benefits (DWB). The requirement of becoming disabled within 7 years of the deceased spouse's death means that you must have become disabled within 7 years AFTER the date of your spouse's death.

Whether or not a person is considered disabled by Social Security's definition is largely a judgment call made by a disability examiner and a consulting physician. If their determination is unfavorable, the decision can be appealed. You wouldn't need to be approved for disability benefits in order to start drawing regular widow's benefits as early as age 60.

If you're approved for DWB benefits between ages 50 and 60, your benefit rate would be equal to 71.5% of your husband's primary insurance amount (PIA). A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA). Your benefit rate would be more than 71.5% of your husband's full rate If you're past age 60 at the time you start receiving widow's benefits, and it would be 100% of your husband's full rate if you start drawing widow's benefits at FRA or later. FRA in your case would be age 67.

Best, Jerry

Posted: 
Jul 28 2021 - 11:33am
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