If your spouse recently passed away, you may be asking, “What happens with Social Security Disability when a spouse dies?” The answer depends on several factors: your age, whether you’re already receiving SSDI, and how long your spouse worked before their death.
In many cases, surviving spouses can receive up to 100% of their deceased spouse’s SSDI benefit, but the rules are not always simple. Here’s what you need to know about continuing disability benefits, qualifying for survivors benefits, and how to protect your financial future.
If you lost a loved one, and you have questions about Social Security Disability benefits, call the SSDI attorneys at Ankin Law for help. 872-529-9377.
Can You Keep Getting Social Security Disability After Your Spouse Dies?
You cannot continue receiving your spouse’s SSDI benefit exactly as they received it, but you may qualify for survivors benefits based on their earnings record. These benefits can pay out a percentage of what your spouse was receiving before their death, depending on your specific situation.
If you’re already receiving SSDI on your own record, Social Security will compare your benefit amount with what you’d receive as a surviving spouse. You may be able to switch to the higher of the two.
Survivors benefits are available to:
- Widows and widowers
- Divorced spouses (in some cases)
- Dependent children and adult children with disabilities
- Dependent parents
- Stepchildren and grandchildren (if support requirements are met)
SSDI vs. SSI After a Spouse Dies: What’s the Difference?
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are often confused, but only SSDI offers survivors benefits. SSI is based on financial need and does not provide survivors benefits, even if your spouse was receiving it at the time of death.
If your spouse was on SSI, you cannot receive continued benefits through that program. However, you may qualify for other types of survivor payments if you meet SSDI eligibility requirements on your own or through your spouse’s work record.
What to Do When a Spouse Receiving SSDI Passes Away
You should notify the Social Security Administration (SSA) as soon as possible when your spouse dies. You can do this by either giving your spouse’s SSN to the funeral home and having them make a report, or by calling your local Social Security office to make the report. You can also contact Social Security offices to apply for survivor’s benefits.
You may not need to apply for survivor’s benefits in some instances. For example, if you were receiving benefits on your spouse’s record, then the benefit type will be changed to survivor benefits once the death notification is received. You may also qualify for a special lump-sum death payment, but you must apply for this within two years of your spouse’s death.
If you were already receiving SSDI benefits on your own record, you will need to apply for survivor’s benefits, however.
When You May Not Qualify for Survivors Benefits—or You May Receive Less
There are some instances where you may not be eligible to receive survivor’s benefits, or you may receive a smaller amount than expected. Some common examples of when a benefit amount may be reduced or eliminated after the death of a spouse include:
You Were Married Less than Nine Months
Fortunately, this rule has many exceptions, such as if your spouse died in a violent incident, an accident, or during military service. Otherwise, you are not eligible for benefits.
You Work While Collecting Survivors’ Benefits
In this type of situation, Social Security may reduce the monthly benefit amount depending on how old you are and how much money you make.
You Remarry Before Age 60
If you remarry before turning 60, you lose eligibility. However, if you’re disabled, you may still qualify at age 50. If you remarry after age 60, your survivor’s benefits are not affected.
Your Spouse Didn’t Earn Enough Work Credits
SSA requires a certain number of work credits (usually 40) for survivors to receive benefits. Fewer credits may mean denial.
You’re Caring for a Minor or Disabled Child
You may receive benefits while caring for your deceased spouse’s child under age 16, but those end when the child turns 16 unless the child is disabled, and you continue as their caregiver.
A Social Security Disability attorney can assist you if you have questions or concerns about survivor’s benefits and whether you qualify.
You should apply for survivor’s benefits as soon as you are able to after your spouse passes away, because benefits are not always available retroactively. This means that you do not get back pay from before you started receiving benefits. To avoid missing out on much-needed financial support, make sure you apply for benefits quickly.
If your spouse is still alive, and one of you could be eligible for SSDI benefits but has not applied yet, consider applying as soon as possible. Doing so protects your family in case something happens. After you apply for benefits, you can check your disability claim status online.
Can You Apply If Your Spouse Never Filed for SSDI?
If your spouse earned enough work credits but passed away before filing for SSDI, and there is documentation (such as a written statement of intent to apply), you may still be able to claim survivor’s benefits.
However, you must prove your spouse had “insured status” and submit evidence supporting the intended claim. If you hire a Social Security disability lawyer, they can help gather the right documentation to move your case forward.
Who Else Can Receive Social Security Survivors Benefits?
The SSA recognizes that families are complex. Here’s a breakdown of other people who may qualify:
- Divorced Spouses: If the marriage lasted at least 10 years, and you’re unmarried, you may qualify for the same benefits as a widow/widower. If caring for your ex-spouse’s minor child, the 10-year rule may not apply.
- Children: Unmarried children under 18 (or 19 if still in high school) qualify. Adult children with a disability that began before age 22 may continue to receive benefits indefinitely if unmarried.
- Parents: If you’re 62 or older and your child (the deceased) supported you financially, you may be eligible—especially if your own retirement benefit is lower.
- Grandchildren and Step grandchildren: These children may qualify if they lived with the deceased and received at least half their support from them.
What Percentage of SSDI Benefits Can You Receive After a Spouse Dies?
Survivors generally receive between 71.5% and 100% of their spouse’s SSDI benefit, depending on age, disability, and caregiving responsibilities:
- 100%: If you are at least full retirement age, you get 100% of your spouse’s SSDI payments. Your full retirement age varies based on your birthdate.
- 75%: You get three-fourths of your spouse’s SSDI benefit if you care for a child younger than 16 who receives survivors SSDI on your spouse’s record.
- 71.5%: You get 71.5% of your spouse’s SSDI benefit if you are at least 50 years old and disabled and the disability began before your spouse’s death or within seven years after. However, you may be ineligible for spouse survivors benefits if you were receiving benefits based on one of your parent’s records.
- 71.5% to 99%: You get 71.5% to 99% of your spouse’s SSDI payment if you are at least 60, but not at full retirement age.
Talk to a Social Security Disability Lawyer About Survivor’s Benefits
Understanding what happens with SSDI when a spouse dies can be confusing and emotionally taxing, especially when you’re grieving. The rules are full of exceptions, timelines, and percentage reductions that aren’t always easy to navigate on your own. If you’ve lost a spouse and need answers about Social Security benefits, call Ankin Law today. We’re here to help you get the support you deserve.
