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If you receive SSDI benefits, you cannot simultaneously collect survivor’s benefits after the death of a parent or spouse. You could, however, collect an amount equal to the higher of the two types of benefits. Evaluating your options on your own can be challenging. When a Social Security Disability lawyer represents you, they can provide legal support and clarity.
Losing a loved one can be overwhelming. Fighting for the Social Security benefits you are entitled to recover can add to an already trying situation. A lawyer can clarify your best option and streamline the application process. You can get a consultation with a legal professional at no cost or obligation to you.
Eligibility for Social Security Disability Insurance (SSDI) Benefits
Your eligibility for SSDI is based on your disability and the degree of its impact on your life. You must have also worked long enough and recently enough and made Social Security insurance payments.
If you meet these requirements, you must also have one of the disabilities that qualify for SSDI benefits.
Additional Benefits Are Available for SSDI Recipients
Though you cannot receive SSDI and survivor’s benefits at the same time, you can receive an amount equal to the higher benefit amount. Some other benefits you can receive with SSDI include:
- Medicare insurance
- Family benefits
- Tax breaks on additional income
- Return to work benefits
Low-income SSDI recipients could also qualify for additional government benefits, including EBT (food stamps) and home energy assistance. Additional concurrent benefits (benefits you receive at the same time) can include Supplemental Security Income (SSI) and workers’ compensation.
Learn More About Your Potential Eligibility for Survivor’s Benefits
The SSA pays survivor’s benefits to the spouse, ex-spouse, and/or dependent children of an eligible worker upon their death. Benefits include 100% of your spouse’s monthly benefits if you are of retirement age. If not, you can receive between 71.5% and 99% of their benefits. Beneficiaries may also receive a one-time, special lump-sum death payment of $255.
In general, to qualify:
- You must have been married for at least nine months
- If divorced, you must have been married for ten years
If you are caring for the decedent’s child(ren), the above requirements may be waived.
If you were married to your spouse for less than nine years and their death resulted from an accident, you might also qualify.
Various Factors Affect the Amount of Survivor’s Benefits You Can Receive
How a deceased person’s SSDI benefits are distributed can vary based on the recipient, their age, and their marital status. In addition to the benefits a spouse might receive, if you are the decedent’s minor child, you could receive benefits until a month before your 18th birthday.
As an adult child, you could receive survivor’s benefits if you are a high school student under the age of 19 or are disabled. The decedent’s parents or grandchildren might also be eligible under certain circumstances.
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How to Report the Death of a Loved to Social Security Administration
Reporting the loss of a loved one is difficult. In most cases, the funeral home that handled final arrangements for you will report your loss to SSA officials. You can also report your loss by phone or in person at your local SSA office.
When applying for survivor’s benefits, you must provide an official copy of your loved one’s death certificate. You may also need your birth certificate, marriage certificate, and many other documents. Your SSDI lawyer can help you gather all the required documents.
You Could Be Entitled to a Higher Benefit Amount as a Survivor
If you are already receiving SSDI benefits at the time of your spouse’s death, you can apply to receive your spouse’s SSDI benefits instead if they are a higher amount.
You must submit an application to change from your SSDI benefits to survivor’s benefits. Understanding how Social Security spousal disability benefits work can be complicated. Your SSDI attorney can help you understand how to complete this process and get the best available benefits for you.
How a Social Security Disability Lawyer Can Help With Your Claim
Applying for SSDI or survivor’s benefits is complicated. You do not have to apply for benefits or switch from one type of benefit to another without legal support. When a disability benefits lawyer handles your case, they will:
- Clarify each step of the application process
- Describe the best benefit option for you
- Organize your application for benefits and other documents
- File your claim with the appropriate SSA office
Focus on taking care of yourself and your family after your loss. Let your disability attorney handle the paperwork and communicate on your behalf.
You Could Get Help With Your Claim at no Out-of-Pocket Cost to You
When a Social Security Disability lawyer accepts your case, they will usually do so on contingency. That means you will not pay anything upfront and will only compensate the lawyer when they win compensation for you.
This fee structure means you do not have to wait to file your claim. It also means there is no risk when you work with a lawyer instead of on your own. Your lawyer can take the stress out of your case and advocate for you throughout the application process.
Get Help With Your SSDI or Survivor’s Benefits Claim
If you lost a parent or spouse, you cannot collect both SSDI and survivor’s benefits. However, our Social Security lawyers can help you fight for the higher of the two benefit amounts. You do not have to go through this complex process alone while coping with the loss of a loved one.
Get help understanding your best benefit option. Start today by contacting our case review team at Farmer & Morris Law, PLLC today.
