San Diego Widows and Widowers Benefits Lawyers

Losing a spouse can change a family’s financial life while grief makes ordinary decisions harder. Social Security survivor benefits may provide monthly financial support based on a deceased spouse’s work record. Some surviving spouses with disabilities may qualify before the usual age for widow or widower benefits.

Our San Diego disability benefits lawyers help widows and widowers pursue Social Security benefits after a spouse dies. These claims can involve the deceased spouse’s work record, the length of the marriage, the survivor’s age, prior benefits, and disability evidence. We also represent clients whose claims have been denied and need to move through the Social Security appeals process.

Call Key Disability at (310) 906-2556 or fill out our contact form to discuss your claim. We focus on Social Security Disability work and handle claims from the application stage through Administrative Law Judge hearings, Appeals Council review, and, when appropriate, federal court proceedings.

Social Security survivor benefits come from federal law, so the basic eligibility rules are the same for qualifying widows and widowers in California as they are elsewhere in the United States.

Under the Social Security Administration’s survivor eligibility rules, a spouse or former spouse may qualify based on the record of a person who worked and paid Social Security taxes before death. A surviving spouse may generally qualify at age 60 or older, or from ages 50 through 59 when the survivor has a qualifying disability. SSA also generally requires the marriage to have lasted at least nine months before the worker’s death, though exceptions can apply.

The effect of remarriage depends in part on the type of survivor benefit being claimed. A surviving spouse seeking benefits based on age generally must not have remarried before turning 60, while a disability-based claim generally uses age 50. SSA provides exceptions and additional rules for certain remarriages.

A surviving divorced spouse may also qualify on a deceased former spouse’s earnings record if the prior marriage generally lasted at least 10 years. Different requirements may apply when a surviving spouse or former spouse is caring for the deceased worker’s qualifying child.

Disabled widows and widowers ages 50 through 59 may have a separate route to Social Security survivor benefits. Under 20 C.F.R. § 404.335, eligibility depends on meeting Social Security’s definition of disability along with additional timing rules.

The disability generally must begin no later than seven years after the insured spouse died or no later than seven years after the claimant was last entitled to certain qualifying survivor benefits identified in the regulation, whichever applicable period ends later. The regulation also generally requires a five-full-month disability waiting period, subject to stated exceptions.

For benefits payable after December 1990, 20 C.F.R. § 404.1505 applies the standard adult Social Security definition of disability to widows, widowers, and surviving divorced spouses. A claimant generally must have a medically determinable physical or mental impairment that prevents substantial gainful activity and is expected to result in death or has lasted or is expected to last at least 12 continuous months.

Medical evidence therefore becomes central to a disabled widow or widower claim. SSA may evaluate medical records, testing, treatment history, functional restrictions, and other evidence concerning the claimant’s ability to work. Our team handles Social Security disability claims involving physical, psychological, developmental, and neurocognitive conditions.

A surviving spouse’s payment depends in part on the deceased worker’s Social Security record and the age at which the survivor begins receiving benefits.

Survivor benefit amounts for spouses and ex-spouses depend in part on when benefits begin. Under the SSA survivor benefit payment rules, payments can start at 71.5% of the deceased spouse’s benefit and rise gradually to 100% at full retirement age for survivor benefits.

The SSA full retirement age rules for survivors place survivor full retirement age between 66 and 67, depending on the person’s date of birth. SSA also notes that survivor full retirement age is not always the same as full retirement age for a person’s own retirement benefits.

If you work before reaching full retirement age, your earnings may reduce your survivor benefits. SSA sets annual limits, and payments may be lowered if you earn more than allowed.

A surviving spouse who qualifies for another Social Security benefit does not simply receive both payments in full. SSA states that eligible claimants receive the applicable payment and may be able to switch benefits later. For example, a person may receive survivor benefits first and later change to a higher retirement benefit based on the person’s own work record.

The death of a family wage earner can create Social Security eligibility for more than one family member. Certain children and dependent parents may receive survivor benefits in addition to an eligible widow or widower.

SSA states that children of a deceased worker may qualify when they are unmarried and age 17 or younger, ages 18 through 19 and attending elementary or secondary school full time, or any age when they developed a qualifying disability before age 22. Other family relationships can qualify under specific circumstances.

When several family members receive benefits on one worker’s record, Social Security’s family maximum may limit the total amount paid. SSA may reduce benefits payable to family members to keep the total within that maximum. Benefits paid to an ex-spouse do not count toward the family maximum.

These rules can create several benefit questions after a death, especially when a surviving spouse has a disability or the family includes minor or disabled children. Each potential beneficiary has to satisfy the requirements that apply to that person’s benefit category.

A widow’s or widower’s claim requires information about both the surviving spouse and the deceased worker. SSA uses that information to determine whether the claimant meets the relationship, age, disability, and other applicable requirements.

The Social Security Administration’s Form SSA-10 identifies records that SSA may request during the application process.

· Proof of death: SSA may request documentation establishing the worker’s death. This can be necessary to establish the survivor claim. · Marriage records: A marriage certificate can establish the relationship between the claimant and deceased spouse. A surviving divorced spouse may also need a final divorce decree. · Personal records: SSA may request a birth certificate and, in some cases, proof of U.S. citizenship or lawful immigration status. · Employment information: W-2 forms or self-employment tax records may be relevant to the earnings information SSA reviews. · Disability forms: A claimant seeking disabled widow or widower benefits may need forms describing the medical condition and authorizing disclosure of medical information.

SSA states that a claimant should not delay filing solely because some requested documents are unavailable. The agency can assist with obtaining information it needs to process the claim.

The SSA-10 page currently directs applicants for widow’s, widower’s, or surviving divorced spouse’s benefits to apply by calling Social Security or visiting a local Social Security office.

Social Security provides several levels of administrative review for claimants who disagree with an agency decision. Depending on the type and procedural posture of the claim, an appeal may proceed through reconsideration, a hearing before an Administrative Law Judge, and Appeals Council review.

The SSA hearing process generally gives a claimant 60 days after receiving the previous determination or decision to request a hearing. A claimant who misses the deadline may ask SSA for an extension and explain why the request was late.

SSA’s current Hearing Office Locator lists an Office of Hearings Operations location in San Diego at 525 B Street, San Diego, California 92101. SSA also states that requests for reconsideration, hearings, and Appeals Council review should generally go through local Social Security field offices.

After an ALJ decision, a claimant may seek Appeals Council review. SSA generally requires a request for Appeals Council review within 60 days after receipt of the hearing decision.

Federal court review can follow the administrative process in qualifying cases. According to the SSA federal court review process, a claimant generally has 60 days after receiving notice of an Appeals Council denial or unfavorable decision to file a civil action in the appropriate U.S. District Court.

Our attorneys handle Social Security claims through ALJ hearings and Appeals Council review. We also handle federal court proceedings when appropriate.

Survivor benefits, Social Security Disability Insurance, and Supplemental Security Income serve different purposes. A person’s circumstances may bring more than one program into the same disability-benefits analysis.

Survivor benefits generally depend on the work record of the family member who died. SSA describes these benefits as monthly payments based on the deceased family member’s work history.

A disabled widow or widower still has to satisfy Social Security’s disability standard even though the survivor claim rests on the deceased spouse’s earnings record. That makes medical evidence a major part of disability-based survivor claims.

A surviving spouse may also qualify for Social Security benefits on the survivor’s own earnings record. SSA permits eligible beneficiaries to switch between survivor and retirement benefits in some circumstances, so the payments are not simply added together.

Social Security Disability is a central focus of our practice. Our attorneys represent claimants during applications, disability hearings, Appeals Council review, and federal court proceedings when appropriate.

Our team has represented thousands of Social Security claimants. We bring broad disability-claims experience to cases involving physical impairments, mental health conditions, developmental disabilities, and neurocognitive disorders. We also bring California-local knowledge and San Diego disability-claims experience to clients pursuing Social Security benefits.

We examine the medical and procedural issues affecting each claim and prepare cases for the stage that comes next. Our approach gives clients a legal team that remains involved as a claim moves through the Social Security process.

Call Key Disability at (310) 906-2556 or fill out our contact form to discuss Social Security widows and widowers benefits. Whether you are preparing an application or challenging a denial, we can review the claim and explain how our team may assist.