Losing a loved one can be one of the most difficult experiences we face during our lifetimes. As you mourn the passing of your spouse, it’s natural to feel overwhelmed and even intimidated by the amount of decisions you will have to make in the wake of this loss. Deciding what to do with your spouse’s financial accounts, addressing any business interests they may have had, sorting through their valuables, and countless other tasks can feel exhausting—especially when you are grieving. It’s important to recognize that certain government programs allow qualifying surviving spouses to access some form of financial assistance to account for the sudden loss of a partner. Survivor benefits (also known as widow’s benefits) can provide financial assistance to those who meet specific criteria. The Social Security Administration (SSA) oversees this program.
Enlisting the guidance of an experienced and caring Michigan SSDI attorney can help you assess your eligibility and determine the most appropriate strategy that maximizes your financial benefits. Let’s take a closer look at the eligibility requirements for survivor benefits and SSDI benefits and how working with a knowledgeable SSDI lawyer can help you secure a fair and favorable outcome.
As a Widow, What Benefits Am I Entitled to Receive?
If your spouse (or, you were married more than 10 years, your ex-spouse) worked and paid Social Security taxes before they passed away, you may be eligible to receive survivor benefits even if you never worked. Those applying for widow’s benefits will need to meet the eligibility requirements, set forth by the SSA as follows:
Spouses of the deceased may be eligible for survivor benefits if they:
- Are age 60 or older (or age 50-59 if they also have a disability); and
- Were married for at least nine months before their spouse passed away; and
- Did not remarry before age 60 (or age 50 if they also have a disability).
Even ex-spouses, if they were married to the deceased for over 10 years, may be eligible.
You can learn more about collecting social security benefits as a widow and other eligibility requirements for surviving spouses by contacting a highly qualified and trusted Southeast Michigan SSDI lawyer.
What is SSDI?
The SSA offers an SSDI program that “pays benefits to people who can’t work because they have a medical condition that’s expected to last at least one year or result in death.” In other words, this program allows eligible individuals to access financial assistance because they are unable to continue working or earning a paycheck through gainful employment. In order to qualify for SSDI benefits, you must meet specific eligibility requirements, which include the following:
- You must have worked in a job that is covered by Social Security. Generally speaking, this means that you paid Social Security taxes on the earnings you made while employed. Moreover, you will need to have earned a specific number of work credits, which typically depends on your age when the disability began.
- Your disability must be recognized by the SSA’s strict definition of disability. Essentially, you will need to show that your disability is severe enough to interfere with your ability to perform basic, work-related activities for at least 12 months. If you are unable to do any type of work, then the SSA will likely decide that you are eligible for SSDI benefits. Proving that you have a qualifying disability can be a daunting task, which is why the dedicated team at Warren & Schairbaum, PLLC, is ready to help you apply for the SSDI benefits you deserve.
Individuals who reach full retirement age will see their SSDI benefits automatically converted to what the SSA calls your retirement benefit. If you lose a spouse who paid into the Social Security retirement program through their employment, you may be entitled to receive survivor benefits, even if you never worked enough to be eligible for SSDI yourself. Enlisting the guidance of a knowledgeable and compassionate Michigan SSDI lawyer can help you through this process and can help secure the benefits to which you are entitled.
Disability Benefits For Those Between 50 and 60 Years
If you are between the ages of 50 and 60 and you believe you have a disability that may qualify for SSDI benefits, you might be eligible for a higher amount of monthly benefits based on your recently deceased spouse’s work history. Or, if you have never worked but are disabled, you may still qualify for benefits if your spouse or even ex-spouse is deceased. If you are over 50 and are unable to work full-time, reach out to the seasoned legal team at Warren & Schairbaum, PLLC, to start the process of applying.
Can You Receive Widow’s Benefits and Social Security Disability Benefits?
Many people find themselves in a position where they qualify for both SSDI benefits and survivor benefits. For instance, someone who is already collecting SSDI benefits because of a disability may also qualify for a monthly survivor benefit when their spouse passes away. However, one person cannot receive both forms of financial assistance at the same time. In these cases, the amount of benefits you receive will be the higher of the two. If your SSDI payment is higher than the survivor benefit, the SSA will simply continue to pay you the SSDI amount (which is already the higher of the amounts). However, if your SSDI check is less than the survivor benefit, the SSA will likely send you your monthly SSDI amount, plus an additional survivor benefit (which is calculated by finding the difference between your SSDI check and your widow’s benefit).
Effective Legal Guidance When You Need It Most
Navigating the complexities of the Social Security system can be daunting and confusing. When you enlist the guidance of a caring and trusted SSDI attorney, you can rest assured that your case will be put forth in the best light possible. Your skilled legal advocate will be able to answer your questions, address your concerns, and improve your chances of maximizing your benefits to ensure that you have the stable financial foundation you need to face the future with confidence.
At Warren & Schairbaum, PLLC, we believe in delivering personalized legal services to assist individuals and families as they work through some of life’s tough challenges. If you have any questions about SSDI or SSI eligibility in Southeast Michigan, please contact our Ann Arbor office today at (734) 769-9300 to discuss your concerns with a dedicated and caring SSDI attorney.