The Social Security Administration (SSA) has shared that approximately 5 million bereaved spouses receive monthly Social Security installments. These payments hinge upon the deceased spouse’s financial contributions. It’s worth noting that the amount these widows and widowers get as Social Security Disability (SSD) benefits is dictated by specific eligibility criteria.
Delve deeper to unearth the nuances. And remember, for expert legal counsel, reach out to PLBH at (800) 435-7542.
Are You Receiving Less Than What You Deserve?
A startling revelation from the SSA’s Office of Inspector General highlighted that in a particular year, over 9,200 claimants, aged 70 or above, were under-compensated by an estimated $131.8 million. The core of this discrepancy is SSA’s assumption that a single application for survivor or retirement benefits encompasses both. It’s vital for applicants to clarify their intent to delay filing for retirement benefits to sidestep such pitfalls.
To adeptly traverse the complex application landscape, consider leaning on the expertise of a seasoned attorney specializing in SSD benefits for bereaved spouses in California.
Eligibility and Benefit Tiers
The amount you stand to receive as a bereaved spouse often correlates with your age:
- Full Retirement Age: For those born before 1940, the age is 65 and for those birthed post-1961, it’s 67. Reaching this milestone entitles one to complete benefits or the entire SSD amount corresponding to the deceased spouse’s contributions.
- 60 Years but Below Retirement Age: Individuals in this bracket can anticipate receiving a fraction of the SSD benefits, generally ranging between 71.5% and 99% of what their deceased spouse was eligible for.
- Aged 50 or Above with Disabilities: If you fall into this category, and your disability surfaced within seven years post the spouse’s demise, you qualify for 71.5% of their SSD benefits.
- Caring for a Dependent Child: Widows or widowers, irrespective of their age, caring for a child beneficiary (based on the deceased spouse’s contributions) can expect to receive 75% of the SSD benefits. It’s crucial to recognize that such benefits cease once the child reaches 16. However, if the child has disabilities and is under the primary care of the surviving spouse, the benefits continue.
In most scenarios, the surviving spouse should have a marital tenure of at least nine months with the deceased.
Work, Disabilities, and Benefits
If a bereaved spouse is employed, it could influence the magnitude of the benefits they receive. As per SSA’s stipulations, a disability is a physical or mental impairment expected to culminate in death or last continuously for at least 12 months, restricting an individual’s capability for “substantial gainful activity” (SGA).
A noteworthy determinant is if you’re incapable of resuming your previous role due to your current medical condition. If the SSA deduces that adapting to another job isn’t feasible, they would categorize you as disabled.
To safeguard your rights and ensure you’re not shortchanged, consider liaising with experts at PLBH. With a deep understanding of the intricacies, we’re poised to offer the guidance you need. Call us at (800) 435-7542 for a legal consultation.