Widow(er) / Surviving Divorced Spouse

SSDI Benefits for Widows / Widowers / Former Spouses

Experienced Florida Disability Insurance Lawyer

Contact the Social Security Disability Law Firm, P.A. for a free consultation if you have been turned down for Social Security Disability Insurance (SSDI), or to find out if you may qualify for benefits. Attorney Chris R. Borgia will personally handle your case and use his extensive knowledge to submit or appeal your claim. We represent clients in Miami-Dade, Broward, and West Palm Beach counties, and throughout Florida. Call toll-free at 1-866-693-4742.

Social Security Disability for Widow(er)s and Divorced Spouses

Disability claims of a widow, widower, or surviving divorced spouse require that the deceased spouse or ex-spouse was fully insured at the time of death. Only marriage of a required duration confers the right to benefits based on the work history of a spouse:

• 10 years for a surviving divorced spouse, or
• With some exceptions, 9 months for a widow(er).

Widow(er)s and surviving divorced spouses must be at least 50; and their disabilities must start within seven years of the death of the spouse or within seven years of the time the widow(er) or surviving divorced spouse was last entitled to mother’s or father’s benefits or to widow(er)’s disability benefits.

The end of the seven years is referred to as the end of the “prescribed period” and functions similar to the way “date last insured” operates in regular social security disability cases.

Widow(er)s and surviving divorced spouses become entitled to benefits at age 60 without being disabled. Thus, they receive disability benefits only for ages 50-59.

Sometimes in widow(er)’s cases, SSA evaluates disability as of a “controlling date.” The “controlling date” is the latest date by which a widow(er) may become disabled and still be entitled to benefits for the earliest possible month.

Proof of disability in widow(er)’s cases remains based on a more stringent statutory definition of disability under which a widow must demonstrate that she is incapable of any gainful activity rather than substantial gainful activity.