The Social Security taxes paid by workers and their employers fund several benefit programs, including retirement and Social Security Disability Insurance (SSDI). Another program funded by the taxes on wages provides financial assistance to certain members families of deceased workers.
If you have a disability and are the surviving spouse of a worker who worked long enough to be eligible for SSDI or Social Security retirement benefits, many people wonder: Can you get SSDI and survivor benefits? This blog explains the availability of survivor benefits for disabled individuals and their eligibility requirements.
What Are Survivor Benefits?
When someone dies after working long enough to meet the eligibility requirements for Social Security retirement and disability benefits, the following members of their family may get benefits based on the deceased worker’s Social Security account:
- Surviving spouse: A surviving spouse is eligible for retirement benefits upon reaching full retirement age, which is 66 for anyone born between 1945 and 1956 or age 67 for anyone born in 1962 or later. Surviving spouses with a disability can qualify for benefits at age 50. A surviving spouse caring for the deceased worker’s disabled child younger than 16 who receives Social Security benefits may be eligible for survivor benefits at any age.
- Unmarried children: A child younger than 18 years of age, or younger than 19 if attending elementary or secondary school, who was disabled before age 22 may receive survivor benefits.
- Dependent parents: The parents of a deceased worker may be eligible for survivor benefits, provided they are at least 62 and received half of their support from the deceased.
Under certain circumstances, disability benefits may be payable to divorced spouses married for at least 10 years and to surviving stepchildren, grandchildren, adopted children, and step-grandchildren.
Benefits For A Disabled Surviving Spouse
A surviving spouse with a disability can qualify for Social Security Disability and spousal benefits, depending on when they became disabled. If you are disabled and receiving SSDI benefits before the death of your spouse, you may be entitled to survivor benefits under the following circumstances:
- If the SSDI benefits you already receive exceed the amount you’d receive as a widow or widower, you continue to collect the disability benefits through your work record without receiving survivor benefits.
- If your SSDI benefits are less than what you would get as a widow or widower, the SSDI benefits continue as before. You also receive survivor benefits equal to the difference between what you get from SSDI and what you would get as survivor benefits.
SSDI and survivor benefits eligibility work differently when you first become disabled after the death of a spouse. If your disability began within seven years of your spouse’s death, you can apply for survivor benefits once you are 50 years old.
You must wait until age 60 to apply for disability benefits as a surviving spouse when the disability onset date is more than seven years after your spouse died. Regardless of when you apply, you only receive benefits from the program paying the higher amount.
Remarriage And Survivor Benefits
Remarrying before age 60 makes you ineligible for survivor benefits. If you are disabled, remarriage before you are 50 makes you ineligible for widow or widower’s benefits.
If you and your deceased spouse were divorced, receiving survivor benefits on disability through the Social Security Administration may still be possible. You must have been married to the deceased for at least 10 years before the marriage was ended by divorce to be eligible for widow or widower benefits.
Challenging A Denial Of Survivor Benefits
If you disagree with the Social Security Administration’s decision about your claim for Social Security Disability and spousal benefits, you have the right to appeal it. You must act quickly because of limits on the time you have to submit an appeal. Contact a disability lawyer or advocate for additional information and assistance.
