Benefits for a Widow(er) or Spouse
Disabled Widow(er) Benefits
You may be able to draw benefits based on the work record of your spouse. This is important with either you have not paid in enough during the relevant time period to be "insured" or covered for benefits OR if your benefit is very low and drawing under a deceased spouse would entitle you to a higher monthly benefit. In order to receive these benefits you need to meet the following criteria:
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Relationship to the deceased: To qualify for disabled widow's benefits, you must have been married to your spouse for at least nine months before their death. If you remarried after the age of 60 (or 50 if you are disabled), you may still be eligible for benefits based on your deceased spouse's work record.
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Disability: You must meet the Social Security Administration's (SSA) definition of disability to qualify for disabled widow's benefits. This means you must have a medical condition that is expected to last at least 12 months or result in death and that prevents you from performing substantial work.
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Age: You must be at least 50 years old to qualify for disabled widow's benefits. However, if you became disabled before age 50 and your disability began within seven years of your spouse's death, you may qualify for benefits as early as age 50.
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Work history: To be eligible for disabled widow's benefits, your deceased spouse must have worked long enough and paid enough Social Security taxes to earn sufficient credits for Social Security disability benefits. In general, they must have earned 40 credits, with at least 20 of those credits earned in the 10 years before their death.
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Application: You must apply for disabled widow's benefits by completing an application with the SSA. You will need to provide documentation of your relationship to the deceased, your disability, and your spouse's work history.
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Payment: The amount of your disabled widow's benefit will depend on your deceased spouse's work history and your age at the time you apply for benefits. You may also be eligible for additional benefits, such as Medicare, depending on your situation.
Spousal Benefits
Spousal Benefits: In addition to disabled widow's benefits, you may also be eligible for spousal benefits based on your deceased spouse's work record. To qualify for spousal benefits, you must have been married to your spouse for at least one year before their death and not have remarried before the age of 60 (or 50 if you are disabled).
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Amount of Spousal Benefits: Spousal benefits are generally equal to 50% of your deceased spouse's primary insurance amount (PIA), which is the amount they would have received in retirement benefits at full retirement age. However, if you begin receiving spousal benefits before your full retirement age, your benefit amount will be reduced.
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Choosing Between Benefits: If you are eligible for both disabled widow's benefits and spousal benefits, you may only receive one of these benefits at a time. You will generally receive the higher of the two benefit amounts, but you can choose which benefit to receive.
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Effects of Remarriage: If you remarry after the age of 60 (or 50 if you are disabled), you may be eligible for spousal benefits based on your new spouse's work record. However, if you remarry before this age, you will generally lose your eligibility for disabled widow's benefits and spousal benefits based on your deceased spouse's work record.