Determining Eligibility for Social Security Disability Survivor’s Benefits

by mdp | April 8th, 2013

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.