If a person receiving social security disability benefits dies, leaving behind a spouse and children, the survivors may be eligible for receiving some (or all) of the deceased spouse’s disability profit. The amount and type of repayment you will receive as the surviving spouse depends on a variety of factors.
Age
If you have reached the retirement age of 67 at the time your spouse passed away, you may be entitled to all of his or her disability payback. But if you are getting your own retirement profit from SSA or Social Security Administration, they will adjust the total amount of payback you receive, depending on your situation.
If you have not yet reached retirement age, you may still qualify to get a part of your deceased spouse’s disability benefits. To know more, talk to an attorney who specializes in workers compensation in Arizona.
Marital Status
The SSA requires that you were married to your spouse for at least nine months before their death.
Ex-spouses or former spouses may also be entitled to the disability repayment of their late ex, if the marriage had lasted for 10 or more years. Consult an experienced workers compensation attorney in Arizona, like those at Arizona Injury Law Group, if you think you may be entitled to share your former spouse’s remuneration.
Dependent / Minor Children
If your spouse died leaving behind minor or disabled children, you and the children or dependent family members may also be entitled to survivor disability benefits.
Own Disability
Regardless of whether you receive payback or not, if you are disabled, you may be entitled to disability payments based on your late spouse’s employment or a combination of your own work history and theirs. This can increase the profit you get.
Survivor Disability Benefits
Whether you or your children were already receiving repayment from the SSA, when your spouse died, will determine how you obtain survivor disability benefits.
If you and/or your children were getting payback already, you just need to notify the SSA about your spouse’s death. The SSA will determine your and your children’s eligibility and the payback you will receive.
But if your spouse was the only family member receiving disability benefits, you must apply for survivor benefits. You should apply for this as soon as possible, because you may not be able to obtain benefits from the date of your spouse’s death.
In any case, it is recommended that you consult an experienced work comp lawyer. If you wish to apply for survivor SSA benefits, have already applied for them or if your application has been denied, schedule a free, no obligation consultation with an AZ workers comp lawyer, call Arizona Injury Law Group at 602-346-9009.
