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Social Security Disabled Widow’s Benefits and Remarriage

by | May 12, 2022 | Firm News |

In some circumstances, widows who are 50 to 59 years old and disabled may draw benefits on the earnings record of their deceased spouse.  Generally speaking, to be eligible for this program, you must meet the following criteria:

  • Be at least age 50, but not yet age 60.
  • Have been married to the deceased spouse for not less than 9 months immediately prior to the day in which the deceased spouse died, unless an exception applies.
  • Be unmarried, unless the marriage can be disregarded.
  • Not be entitled to an equal or higher Social Security retirement benefit based on your own work.
  • You must have become disabled within 7 years of when your spouse died or within 7 years of when you last received benefits on your deceased spouse’s record.

If you remarry before age 60, you will not be entitled to survivor’s benefits unless: 1) your subsequent marriage ends, whether by death, divorce, or annulment; or 2) your marriage occurred after age 50 and you were entitled to benefits as a disabled widow(er) or disabled surviving divorced spouse.

If you have questions about Social Security disability, contact an experienced Social Security disability attorney at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free case evaluation. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.

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