Determining Eligibility for Social Security Disability Survivor’s Benefits

Determining Eligibility for Social Security Disability Survivor’s Benefits
MDP_Headshots_MichaelPonce

SSD_ThumbThe death of a spouse can be devastating for a number of reasons, one of the most pressing being the potential loss of income. If your deceased spouse was receiving Social Security disability benefits, you probably have questions about whether or not you can continue to collect any of these benefits. If you have lost a spouse in Tennessee who was collecting disability benefits from the Social Security Administration (SSA), and you think you might be eligible for survivor’s benefits, contact our experienced attorneys at Michael D. Ponce & Associates today. With the help of our Nashville-based legal team, you can determine if you are eligible for survivor’s benefits and collect the disability compensation you are entitled to.

SSDI Survivor’s Benefits

If your spouse was receiving Social Security Disability Insurance (SSDI), you may be eligible to receive some or all of your spouse’s benefits upon his or her death. In most cases, however, you will only qualify for 100% of the SSDI benefits your spouse received if you are of full retirement age yourself. If you are 60 or older, you could collect a portion of your spouse’s SSDI benefits ranging from 71.5% to 99%, depending on your age. You could also qualify for a percentage of your spouse’s disability benefits if you care for his dependent children under the age of 16, or are at least 50 years of age and are disabled yourself.

SSI Survivor’s Benefits

If your spouse collected Supplemental Security Income (SSI), you will not be able to continue receiving the benefits after his or her death. In some cases, however, you may qualify for SSI benefits yourself if you are over 65 or disabled, and have limited income and resources. Keep in mind that if your spouse met the resources and income requirements for SSI benefits, you probably will as well. If you are not yet 65, you will be required by the SSA to provide evidence that you are completely disabled and unable to work. The process of applying for and receiving survivor’s benefits under the SSDI program typically takes three to 18 months to complete.

Our Reputable Attorneys Can Help

There are a number of factors that can affect your ability to receive survivor’s benefits following the death of your spouse in Tennessee, including the length of your marriage and whether or not the deceased had dependent children under the age of 16. Because determining whether you qualify for survivor’s benefits from the SSA can be complicated and confusing, it’s a good idea to have a qualified legal representative on your side when pursuing these benefits. If you think you might be eligible for survivor’s benefits through the SSDI or SSI programs in Tennessee, consult our knowledgeable lawyers at Michael D. Ponce & Associates as soon as possible. Our law firm is located in Nashville, and our attorneys have extensive experience helping individuals throughout TN pursue the disability benefits they deserve.

RELATED ARTICLES

Let Us Handle Your Social Security Disability Claim
If you were recently injured or developed a serious illness that prevents you from working, getting approved for Social Security Disability (SSD) benefits is extremely important for you and your...
Why Do You Need a Lawyer to Help With Your SSD Benefits Application?
For your entire working life, you’ve paid into the Social Security Administration (SSA) via payroll deductions. For most people, those deductions are paid back when they retire. But for others,...
What’s the Difference Between SSD Benefits and Disability Insurance?
Losing your ability to work at any point during your career due to an illness or injury can be devastating for you and your loved ones. You count on your paychecks to...
OUR REVIEWS
I’d highly recommend Ponce Law for personal injury claims! Our paralegal, Barbi, was always very responsive to my calls, knowledgeable to provide answers to my questions and made me feel like she really cared about us as individuals, which I truly appreciated!! I hope we never need personal injury representation ag...
- Michelle Uhles
I was in a bad wreck and tried to handle everything on my own at first, but the insurance company kept giving me the runaround. I realized I needed legal help and finally decided to call Ponce Law, and I’m so thankful I did. David and Kayla fought incredibly hard for me and were able to secure a settlement that allo...
- LO DWN
Estuve en un accidente de carro hace dos años, un borracho nos pego cuando íbamos saliendo del trabajo mandándonos a mi compañero de trabajo y a mi al hospital. Este accidente fue muy complicado dado a que también implicaba un caso criminal …
- Santos Ismael Castro García
FREE CASE REVIEW