Ask Larry

Is It Legal For Social Security To Deny Me Survivor Benefits?

I have been on SSDI FOR 23 years and just turned 50 in November of 2021. My husband was also on SSDI but passed away in May if 2920. I had to go through the disability process all inner again and was just denied survivor benefits under my husband's name. Is this legal? I understand how I can be disabled under my name and not denied under my deceased husband's.

Hi. I'm sorry for your loss. The medical disability requirements are the same for both Social Security disability (SSDI) and disabled widow's benefits (DWB), so if your claim for DWB was disallowed for medical reasons then I don't see how Social Security could continue to pay you SSDI benefits.

You must also meet the non-medical requirements for DWB, and those requirements are outlined in the following section of Social Security's handbook: Assuming you meet those requirements and if you're still disabled, then you would likely want to file an appeal. Information on doing so can be found here:

Best, Jerry

Jun 10 2022 - 11:42am
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