We often discuss on this blog what sort of Social Security benefits a disabled worker can receive. As we mentioned in our Date Last Insured and Quarters of Coverage Credits article, you can only receive Disability Insurance Benefits (DIB) if you have worked long enough a recently enough in relation to your disability. So, if you haven’t worked in over ten years and your disability has just appeared, you probably won’t be eligible for DIB. Even if you’re not eligible for DIB, you could be eligible for Supplemental Security Income (SSI); however, is a needs-base program and there are limits on income and resources (such as bank accounts) when determining eligibility. That means a spouse who hasn’t worked in twenty years with a husband or wife who is still working might not be eligible no matter house disabled the nonworking spouse is.
There is one alternative where a nonworking spouse can receive Social Security Disability benefits despite having no work history and significant resources: Disabled Widow’s or Widower’s Benefits (DWB). This gives a disabled widow(er) with no recent work experience and even modest resources an opportunity to receive benefits his or her spouse paid for prior to passing away. To be generally eligible:
- The widow(er) must be between ages 50 and 59 when applying.
- The disability must have started no later than seven years after the deceased spouse’s death.
- The deceased spouse must have been eligible for Social Security disability benefits in the month prior to his or her death.
- Either the widow(er)and decease spouse were married for at least nine months and were married at the time of death; or
- The widow(er)and decease spouse were married for at least ten years before divorcing.
If all of these requirements are met then the widow(er) is eligible for DWB, but the widow(er) must still prove that he or she is disabled under the Social Security Administration’s rules. That means a widow(er) will still need to show he or she cannot work using the five-step sequential process and can benefit from representation by an attorney.
