Hi Larry, my current husband and I have just a few week and our divorce will be final. I'm currently on SSD due to Crohn's Diease, I've been collecting disability since 2001. I work from age 15-37 yrs of age. I'm only receiving $776 a month which once my divorce is final, there is no way I can survive on that amount monthly. I was married for 10 yrs to my first husband who died in an auto accident. I'm soon to be 55 yrs old and can I collect my deceased husband's disability benefits after my current marriage divorce is final? My first husband was 28 at the time of his death and he made very good $$$. If so, how long does it take for me to start receiving his higher benefits? My soon to be ex and I are divorcing peacefully, no fault, no contest and until I start receiving my ex husband benefits we are leaving our finances as is due to the fact that he to is disabled. Main question is can I collect my deceased ex husband's disability benefits at my age of 55. Social Security told me I could at age of 50, but I see in your other similar questions that you showed the age to be 60. I'm in need of more disability benefits to survive and move on as well as my soon to be ex.
Sincerely, Peggy
Thank you in advance for your assistance.

Hi Peggy,

It sounds unlikely that you would qualify for benefits on your first husband's record at least until you reach age 60, but I can't give you a yes or no answer without more information. In order to potentially qualify for disabled widow's benefits before age 60 you would need to have become disabled within 7 years of your deceased husband's death, or within 7 years of when you were last entitled to mother's benefits (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300208001).

If you do meet the basic requirements for disabled widow's benefits once your divorce is final, though, what you could qualify for is 71.5% of the difference between your first husband's PIA (i.e. full retirement age rate) and your full disability rate, assuming that his PIA is the higher or those 2 amounts. If you don't meet the requirements for disabled widow's benefits, then your potential widow's benefit rate at age 60 would be calculated as described above. And assuming you qualify, it would likely be most advantageous to file for widow's benefits as soon as you are eligible, since the 28.5% reduction applicable for filing early would be removed after you reach full retirement age as long as you remain entitled to disability benefits until then(https://secure.ssa.gov/apps10/poms.nsf/lnx/0300615350).

Best, Jerry