How to Get Social Security Survivor Benefits and Widow Benefits in Richmond Virginia
If a disabled worker dies, his or her widow and dependents may get Social Security Survivors Benefits
When a disabled person dies while receiving Social Security Disability benefits, his or her surviving spouse and dependents may qualify to collect all or a portion of their loved one’s monthly SSDI payment. These Social Security Survivors benefits, also called SSD Widow’s Benefits, allow you to continue to receive income that you need to pay your family’s bills after you lose your loved one.
Please keep reading to learn more about Social Security Survivors benefits in Richmond and throughout Virginia. If you have any questions about qualifying for disability for widows or survivors, or are looking for a top-rated Social Security disability attorney in Richmond, we can help. Call Corey Pollard at 804-251-1620 to schedule your free consultation.
Social Security Widow’s Benefits
Do I Qualify to Collect My Spouse’s SSD Benefits?
If your spouse died while receiving SSDI benefits, you may be eligible to receive widow’s or widower’s benefits. The amount of your Social Security survivor’s benefit depends on your age, your health conditions, and other details regarding your family situation.
If you care for a child under age 16, you will receive 75% of your decease spouse’s SSDI check.
If you are at least 50 years old and your disability began before your spouse died or within seven years of your spouse’s death, you can draw 71.5% of your deceased spouse’s SSDI benefit.
If you are over the age of 60 but not yet full retirement age, you can draw between 71.5% and 99% of your deceased spouse’s SSDI benefit. The percentage will increase each year until you reach full retirement age.
If you are full retirement age or older, you can draw the full amount of your deceased spouse’s SSDI benefit.
Our Richmond disability attorney will assess your family situation to help you determine what percentage of survivor’s benefits you may be entitled to receive through Social Security.
Can I Collect Survivor’s Benefits if I Remarry?
You cannot receive SSDI benefits as a surviving spouse if you remarry before you turn 60 years of age. If you get remarried after you turn 60 years old, or 50 years old if you are disabled based on your physical or mental impairments, you can continue to receive SSDI survivor’s benefits.
If you are considering getting remarried but rely on your widow’s benefits to pay your bills and provide food, clothes, and shelter, we can assist you in understanding how a new marriage would affect your survivor’s benefits and financial situation. Because of Social Security law regarding widows, some people wait until they turn 60 to remarry.
Can I Collect Survivor’s Benefits if I Still Work?
If you are over full retirement age, you can work without it affecting the SSDI payment you receive through survivor’s benefits.
If you have not reached full retirement age, your monthly survivor’s benefits may be reduced depending on your earnings.
For example, the Social Security Administration (SSA) will reduce your widow’s benefit by a third of the amount you earn over $16,920 per year. This amount may increase each year.
Is There a Minimum Age to Receive Social Security Disability for Widows?
Yes. You must be between the ages of 50 and 60 to receive widow’s disability benefits through Social Security.
Can I Receive Survivor’s Benefits if We Divorced Before My Former Spouse Died?
Sometimes a divorced spouse can draw survivor’s benefits after the death of an ex-spouse. To receive Social Security survivor’s benefits, you must satisfy the requirements discussed above and have been married 10 years or longer.
You can still receive widow’s benefits even if your deceased spouse had remarried.
Can I Still Collect Widow’s Benefits if I’m Receiving Retirement Benefits?
If you are a widow who is of retirement age, the benefit you receive based on your work history may be higher than the benefit you would receive through your deceased spouse’s SSDI benefits. You have the option of choosing the higher benefit amount, which is why you should contact a disability lawyer to assess your entitlement to Social Security Disability widow’s benefits.
How Can I Apply for Survivor’s Benefits in Richmond, Virginia?
The process to get Social Security Disability for widows begins when the SSA receives notification that your spouse passed away. Sometimes the funeral home will report this information to the SSA. If your spouse has died but you haven’t received notice from the SSA, contact your local Social Security field office to report the death.
If you receive benefits based on your spouse’s record already, you will not need to take any action. The SSA will change your benefit type automatically and will often pay you any special death benefits you’re owed.
If you receive SSD or retirement benefits based on your own work history, you should contact your local field office to see if your benefit amount would be higher based on your deceased spouse’s SSDI benefit. If so you can file an application for widow’s benefits.
If you are not receiving any benefits currently, we recommend contacting us as soon as possible after your loved one dies. We’ll help you apply for Social Security survivor’s benefits and we’ll do everything we can legally to make sure you do not go without the money you need to support yourself and your family.
Talk with a Richmond Disability Attorney About Survivor’s Benefits
We understand how difficult it is dealing with the death of a spouse – emotionally and financially. We’ll help you understand the rules and our legal rights regarding widow’s benefits. And we’ll help you file an appeal with the SSA if it denies your application for Social Security disability benefits. Call us at 804-251-1620 or email us to learn more about what you’re owed.