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Social Security Disabled Widow’s And Widower’s Benefits

Life can be challenging, especially if you are a widow or widower with a disability. Fortunately, you do not have to navigate the convoluted process of filing for Social Security Disabled widow’s or widower’s benefits on your own.

At Johnson Law Firm, our founding attorney, Pamela J. Johnson, carefully guides clients through their Social Security Disability application process here in New Jersey. With more than 35 years of legal experience, our Freehold firm understands the challenges our clients face – and what it takes to present a compelling case for the benefits they need and deserve.

Who Qualifies For Disabled Widow’s Benefits (DWB)?

To qualify for DWB benefits, your spouse must have been fully insured for Social Security benefits at the time of their death, and you must:

  • Be at least 50 but not yet 60 years of age
  • Have been married for at least nine months before your spouse’s death (with some narrow exceptions)
  • Have not remarried before age 50, unless the subsequent marriage has ended
  • Not be eligible for higher benefits on your own Social Security record

In addition, you must have a qualifying disability that began either before your spouse’s death or within seven years of their passing. A qualifying disability is any physical or mental condition (or some combination of the two) that prevents you from performing substantial gainful activity that has lasted or is expected to last at least 12 months or end in death.

Nondisabled surviving spouses over 60, as well as ex-spouses who were married to the deceased for at least 10 years, may be entitled to regular survivor’s benefits, regardless of disability status.

How Are Disabled Widow’s Benefits (DWB) Calculated?

Disabled widow’s benefits are calculated based on the earnings of the deceased spouse. In general, a disabled widow or widower will receive 71.5% of the deceased spouse’s primary insurance amount (what they would have received at full retirement age).

What Are Some Common Challenges For DWB Applicants?

Disability applications can be unfairly denied for numerous reasons. Small mistakes, including incomplete or inaccurate applications, insufficient medical records, and failures to show that a disability began within the qualifying period, can be most easily avoided through focused legal intervention.

Let Us Guide You Through The Next Steps

If you believe that you qualify for disabled widow’s or widower’s benefits, call us at 732-333-8751 or reach out online to schedule a consultation with an experienced, compassionate New Jersey attorney.