If a family member who collects disability benefits from the Social Security Administration (SSA) and then passes away, his or her benefits may then be dispensed to any surviving dependents. However, the benefits may not remain the same, depending on your family’s situation. You may only receive a percentage of the benefits in some circumstances.
- If you are caring for a child who receives Social Security Disability Insurance (SSDI) from your deceased spouse, you will receive 75 percent of your spouse’s monthly benefits.
- If you are disabled and 50 years old or more, and your disability began before or within seven years of your spouse’s death, you may receive 71.5 percent of your spouse’s benefits.
- If you are over the age of 60, but below retirement age, you may receive between 71.9 and 99 percent of your spouse’s benefits.
- If you are at full retirement age, you will receive 100 percent of your spouse’s benefits money.
As we have discussed this week, there are certain stipulations for continuation of disability benefits, such as remarriage and one’s own retirement benefits. Additionally, widowed spouses who work may not receive full benefits. Contact a Tulsa, Oklahoma Social Security disability attorney for your best chance at keeping your spouse’s benefits and navigating the SSA’s rules and systems. We offer free consultations, and you can reach us by phone at (918) 265-1404.