Disabled Widow’s Benefits (DWB): Understanding Eligibility

Disabled widow’s benefits are Social Security benefits ​​for individuals whose spouse has died and who are now disabled themselves.

Who qualifies:

• People whose deceased spouse worked and paid into Social Security,
• Are between the ages of 50 and 59, AND
• Who meet Social Security’s definition of disability

What you get:

• Monthly payments based on your deceased spouse’s Social Security earnings record

Key points:

• Disabled Widow(er)’s Benefits (DWB) is different from regular survivor benefits, which usually start at age 60
• If you remarry before age 50, you generally can’t get these benefits
• You can switch to higher widow’s benefits when you reach age 60
• When you reach your full retirement age, you can choose to switch to your retirement benefits if they offer a greater payout

DWB essentially provides financial support to people who lose their spouse and then become disabled before they’re old enough for regular widow’s benefits. These benefits help bridge the gap when they can’t work due to disability. If you think you might be eligible and are interested in learning more, contact Leventhal, Sutton & Gornstein today. We’re here to help you obtain Social Security Disability benefits.

Eligibility Requirements for Disabled Widow(er)’s Benefits

The eligibility requirements for Social Security disabled widow and widower’s benefits include the following:

• The deceased spouse must have worked and paid Social Security taxes for a sufficient period to qualify for benefits.
• The surviving spouse generally must have been married to the deceased for at least 9 months before their death.
• The surviving spouse must be at least 50 years old to claim Social Security Disability benefits as a widow or widower.
• Some exceptions allow surviving spouses to claim benefits at any age if they care for a child under 16 or a disabled child of the deceased spouse.
• The Social Security Administration (SSA) has a strict definition of disability. To receive DWB, the surviving spouse must have a qualifying impairment that prevents them from performing Substantial Gainful Activity (SGA).
• The surviving spouse’s disability must have started within 7 years after the death of their spouse.

As with a regular Disability Insurance Benefits claim, the 5-month waiting period applies in disabled widow/widower benefit claims. However, if the onset of the disability can be established 5 months before the spouse died, the 5-month waiting period will be considered served while the spouse was alive. That means the waiting period is not applicable, and entitlement starts with the month of the spouse’s death.

Benefits for Disabled, Divorced Spouses

Divorced spouses may qualify for survivor benefits if their marriage to the deceased lasted at least 10 years. This applies to both DWB and traditional widow benefits (with no disability).

Can You Receive Widow’s Benefits and Social Security Disability?

If the surviving spouse has a sufficient Social Security work history of their own, he or she may file for Social Security Disability Insurance under their own record. Or, they can file under the record of their deceased spouse. The applicant will be paid the higher of the two benefit amounts, but not both.

Necessary Documentation for DWB

The following documentation is needed to apply for disabled widow benefits:

• Marriage certificate to prove you were legally married to the deceased spouse
• Death certificate of your deceased spouse
• Your name and SS number
• Your deceased spouse’s name and SS number
• Proof and medical evidence of your disability
• Proof of deceased spouse’s work history
• Income documents like W-2s or tax returns (if requested)

If you’re wondering whether you can obtain disability benefits, contact Leventhal, Sutton & Gornstein. For over 50 years, our Social Security Disability lawyers have represented thousands of people before Social Security. We can help you understand your eligibility for benefits after losing your spouse.

Contact Our Experienced Disability Lawyers

In this article, we’ve only covered the basics when it comes to filing for DWB. It is a complex process, and every situation is different. Individual circumstances will affect eligibility and the strategies involved in submitting your application to the SSA.

If you need to apply for Social Security survivor benefits, don’t take on the challenge alone. Our lawyers at Leventhal, Sutton & Gornstein have decades of experience dealing with all matters related to SSDI and SSI.

Contact us today to schedule a free consultation. We’ll help you understand whether you qualify for disability benefits, answer any questions you may have, and provide insights into filing for DWB.