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SSD: Disabled Surviving Divorced Spouse Benefits

Do you have a disability that’s making it difficult or impossible for you to work? If you are divorced, between the ages of 50 and 59, and single, you may qualify for disabled surviving spouse benefits from the Social Security Administration (SSA), assuming your former spouse has passed away.

Have you heard about the Social Security Disabled Surviving Divorced Spouse Benefits program? It is a federally funded program, which is administered by the SSA. Under this program, disability benefits are paid to a disabled divorced spouse on their deceased former spouse’s earning record.

Do I Qualify for Disabled Divorce Spouse Benefits?

Do you qualify for benefits under your deceased former spouse’s earning record? If you meet the following requirements, you may qualify for benefits under this program:

  • Your former spouse must have passed away.
  • You must be 50 or above, but not 60-years-of-age or older.
  • You must have been married to your former spouse for at least 10 years before the divorce was finalized.
  • You must be unmarried, unless your marriage can be annulled.
  • Your deceased former spouse’s benefits must be higher than the retirement benefits you would be entitled to on your earning record.

Let’s say that “Mary” was married to her husband, “John” for 20 years. During the couple’s marriage, John worked as a surgeon while Mary worked part-time as an administrator at her children’s elementary school. After 20 years of marriage, the couple divorced and John died of cancer eight years after the divorce.

Mary, age 52, has been diagnosed with Multiple Sclerosis (MS), which is included in the SSA’s “Adult Listing of Impairments.” Since she never remarried and her deceased ex-husband, John paid a lot more Social Security taxes than she did, Mary would like to apply for Disabled Divorce Spouse Benefits under John’s earning record.

Since her former husband was a surgeon and he made a lot more than she did, his benefits would undoubtedly be higher than hers. In these types of situations, it’s better for the surviving divorced spouse to apply for disability on their former spouse’s earning record. Since the opportunity is there, it should be seized.

Are you a disabled divorced spouse who would like to apply for benefits on your deceased former spouse’s earning record? If so, contact The Zendeh Del Law Firm, PLLC for a consultation.