Can I Receive Benefits if a Disabled Ex-Spouse Dies?

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What Are Disabled Surviving Divorced Spouse Benefits?

You might be wondering how disability payments will change if your disabled ex-spouse passed away. There is a program offered by the Social Security Administration (SSA) designed for this unique set of circumstances. However, the eligibility requirements are very specific and can make the application process complicated. An experienced Pennsylvania disability lawyer might be able to help you speed up this process.

Eligibility for Disabled Divorced Spouse Benefits

The eligibility requirements for disabled surviving spouse benefits are concise. You must meet all requirements to be considered for this disability benefits program provided by the SSA. Making sure you meet these requirements before applying can save you a lot of time. Two main requirements you must meet are:

  • Your ex-spouse is deceasedWhat Are Disabled Surviving Divorced Spouse Benefits?
  • Your ex-spouse was disabled and receiving disability benefits or had enough work credits to qualify for benefits
  • You are divorced or were divorced from your ex-spouse when your ex-spouse passed away

There are other more specific eligibility requirements to be aware of. Some of these may make you ineligible for this disability benefits program. These eligibility requirements include:

  • Your prior marriage lasted at least ten years
  • You are between the ages of 50 and 60
  • You are currently unmarried

Your disability situation must also meet the basic disability requirements set out by the SSA. For these, you may consider contacting a Pennsylvania disability lawyer to see what this means for you. A lawyer can also help you with the disabled surviving spouse benefits application process.

It is also important to know what could prevent you from receiving disabled surviving spouse benefits. You might be excluded from these benefits if you are also eligible for Social Security retirement benefits. This simply means you cannot qualify for and receive benefits from two SSA programs at the same time.

What If My Child is Disabled?

If you also have a disabled child or a child under the age of 16, you may need to meet an additional requirement. Not only must your child have been receiving disability benefits from your deceased spouse, but you must meet the length-of-marriage rule. Consider consulting with a disability lawyer to figure out if this fits your situation.

Your child does not have to be your ex-spouse’s biological child but could also be an adopted child. Either scenario could qualify you and your child for specialized disability benefits. When you do not qualify for any of these disability benefits programs, try exploring other disability programs provided by the SSA.

There are a variety of other disability programs for disabled children, widows, widowers, and parents. Ask your lawyer about your options before giving up. You may still have a chance at receiving financial help.

Disability Lawyer in Pennsylvania

Figuring out your eligibility for specialized disability programs can be confusing at first. Feel free to ask a Pennsylvania individual disability insurance attorney if you have any questions about this process. All you have to do is contact Edelstein Martin & Nelson by dialing (800) – 300 – 0909 for a consultation today. Our experienced Pennsylvania disability lawyers might be able to help you start receiving disability benefits sooner than later.

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