By: Fendon Law Firm, P.C.
Losing a spouse is never easy, and thinking about the financial logistics of the loss is rarely at the forefront of a grieving widower's mind. However, the loss of a loved one may bring about unexpected expenses, even financial hardships, i.e. paying for funeral costs, affording life without a second income, etc. In such cases, it's necessary to consider the financial support available to you at this time.
Widows and widowers may be entitled to insurance benefits on their deceased spouse's Social Security record, assuming specific requirements are met. These requirements are as follows:
- The claimant is 60 years of age or older OR at least 50 years old and can prove disability under the Social Security Act.
- The deceased was fully insured at the time of death.
- The claimant does not have access or entitlement to another retirement insurance benefit similar to the amount provided by the deceased's Social Security.
- An application must be filed.
- The claimant is not remarried.
- The claimant was married to the deceased worker for at least nine months; or is the biological mother or father of the worker's son or daughter; or the claimant legally adopted the worker's child (before the age of 18) during their marriage; or the claimant was married to the worker when they both legally adopted a child under the age of 18.
How much of your spouse's benefits you receive after his or her death will depend on your age. Other factors could affect the Social Security Insurance Benefits available to you at this time as well, which is why it is highly recommended that you involve an attorney as early on in the process as possible.
Please feel free to call us at the Fendon Law Firm, P.C. if you have any questions or concerns regarding your Social Security Disability benefits. A Phoenix Social Security Disability lawyer from our office would be happy to meet with you in person to review your case free of charge. Contact us here or call (602) 842-6782.