Who Qualifies for Social Security Disability Survivor Benefits?
Certain close relatives of a person who received disability benefits can receive survivor benefits:
- Widows and widowers
- Divorced spouses if the marriage lasted 10 years
- Children of the person who died if they are unmarried
- Parents of the deceased who depended on their child for support
Different rules apply to each group.
Widows and widowers must have been married to the deceased for at least nine months.
Ex-spouses must be at least 60 years old to qualify for these survivor benefits. But if you’re a divorced spouse of the person who died, you don’t have to meet the age and length-of-marriage rules if you’re caring for a child of the deceased.
Remarrying can make divorced spouses ineligible to collect death benefits depending on their age.
Children receiving survivor benefits must be under 18, or 19 if attending school. Parents must be at least 62, and they must have depended on the deceased person for at least 50% of their support.
You can also show Social Security how your own health impairments make you eligible for help.
It can get complicated. But this isn’t something you have to sort out on your own while you’re mourning.
If you tell our Tulsa disability attorneys about your situation and relationship to the person you’ve lost, we can let you know what kind of survivor benefits may be available. And this conversation is completely free.
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How Much Is Available in Social Security Disability Death Benefits?
Depending on your age and situation, including your own disability status, you could get different portions of the benefits of your deceased spouse:
- You’re at full retirement age: 100% of their benefits
- Between 60 and full retirement: 71.5% to 99%
- You’re in your 50s and also have a disability recognized by Social Security: 71.5%
- You’re taking care of a child under 16, or a child with a disability: 75%
When multiple family members—spouses, children, parents—claim benefits from their late relative’s Social Security account, the government will put a cap on the total amount the whole family can receive and adjust the levels for each person accordingly.
Social Security also provides a separate, one-time death benefit payment of $255 for a spouse or child under 18.
If your family member qualified for retirement benefits from Social Security instead of disability, you could collect retirement death benefits.
To get survivor benefits, you’ll need to send documents such as proof of death, your marriage certificate, birth certificates, your medical history, U.S. citizenship documents, tax forms, and divorce documents when that applies.
Particularly if you also need to show that you have a disability under Social Security’s rules, talk to the Tulsa disability lawyers at Troutman & Troutman. Proving disability claims is what we do every day.
Let’s make sure you get the maximum amount of support possible to steady yourself after the loss of a loved one.
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You may be trying to determine if Social Security Disability benefits are right for you. You may be facing a long, complicated benefits application. Or you’ve applied and been denied. Now what? The Troutman & Troutman Oklahoma disability attorneys can help.
Disability Attorneys Answer Your Questions about Social Security
Your life has been disrupted by health problems. You’ve had to leave work. You’re worried about money. Social Security Disability benefits can provide relief, but they’re complicated. You’ve got a lot of questions. The Troutman & Troutman Tulsa disability lawyers have answers.
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