Disabled Widow and Widower Benefits. Available from age 50.
A surviving spouse who is disabled can claim Social Security benefits on a deceased spouse’s record as early as age 50, ten years before ordinary survivor benefits begin. J Disability Law Firm represents Arizona claimants in these claims and appeals.
Free Case Review
Confidential. Response within one business day. Se habla español.
What these benefits are
Disabled Widow(er) Benefits, often shortened to DWB, are paid on the work record of a spouse who has died. They exist for surviving spouses who are disabled and too young for regular survivor benefits.
Who qualifies
- You are between 50 and 59.
- Your late spouse worked long enough under Social Security to be insured.
- You meet Social Security’s definition of disability, the same one used for SSDI.
- Your disability began before your spouse died or within a set period afterward, generally seven years.
- You were married long enough, generally at least nine months, with exceptions.
- You have not remarried before age 50.
A surviving divorced spouse may also qualify if the marriage lasted at least ten years.
The seven-year window
This is where many claims fail. The disability must have started within the period Social Security allows after the death. If your condition worsened gradually, the date your records show you became unable to work matters a great deal. We review the medical history to identify the earliest onset date the evidence supports.
How much it pays
The benefit is a percentage of what your late spouse would have received, currently 71.5 percent. Medicare begins after 24 months of entitlement. Your own work record does not have to qualify you.
If you also worked
You may be eligible for SSDI on your own record and widow(er) benefits on your spouse’s record. Social Security pays the higher amount, not both in full. Applying for both protects you. See SSDI in Arizona.
If you are 50 or older
Social Security’s grid rules apply to these claims too. A claimant limited to sedentary or light work may be found disabled at 50 or 55 even if some jobs remain possible on paper.
If the claim is denied
You have 60 days to appeal. See what to do after a denial in Arizona.
How we help
We confirm the marriage and insured-status requirements, build the medical record around the onset date, and represent you at the hearing. Attorney Joseph J. Duerst has represented claimants at more than 3,500 Social Security hearings. There is no fee unless benefits are awarded.
J Disability Law Firm, PLLC · Joseph J. Duerst, Attorney · 18444 N. 25th Ave, Suite 420, Phoenix, AZ 85023 · (602) 607-0000. This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past results do not predict the outcome of your case.
Denied? Let us find out which test your claim failed.
Free case review. No obligation. Call or message Attorney Joseph Duerst today.
602.607.0000Or email contact@jdisability.com