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SSD for Surviving Spouses in NY

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Do You Need to File for Widow or Widower Disability Benefits?

How to Qualify for Social Security Disability as a Widow or Widower

If you’re grieving the loss of your spouse, it’s understandably tough to focus on everyday decisions.

Your financial situation is daunting without your spouse’s Social Security Disability (SSD) income, and you’re not sure where to turn for assistance. Possibly, your own disability makes getting a job impossible.

The good news is you may be eligible to receive monthly Social Security widow or widower benefits.

But getting approved for these benefits can be complicated and confusing. An experienced disability lawyer can help you through the process and increase your chance of getting the benefits you deserve.

If you believe you qualify for spousal disability benefits, contact the Lachman & Gorton Law Office. We help people in Binghamton, Elmira, Rochester and across upstate New York.

You don’t have to try to struggle with a big government program on your own.

You pay no fee for a disability lawyer until your benefits are secured.

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Understanding Who Gets SSD Surviving Spouse Benefits and How They Are Calculated

Surviving spouses of fully insured workers must meet age requirements to be eligible for widow’s or widower’s benefits.

Benefits are paid at a percentage of the deceased worker’s benefit amount, according to the survivor’s age, and sometimes whether you, too, have a qualifying disability:

  • 100% of the spouse’s benefits if you’re at full retirement age.
  • 71.5% to 99% of benefits if you’re between age 60 and full retirement age.
  • 71.5% if you’re 50-59 and you have a recognized disability yourself.
  • 75% regardless of your age if you’re caring for a child under the age of 16.

You may not be eligible for widow’s or widower’s benefits if:

  • You’re under 50 and not caring for the deceased person’s child under 16.
  • Your marriage to the deceased lasted less than 10 years before you were divorced.

Let the Lachman & Gorton Social Security Disability lawyers work to get you the widow or widower disability benefits you deserve.

We have over 41 years of helping people throughout New York.

You can start working with us FOR FREE by getting a complementary consultation on your situation.


What You Need to Apply for Social Security Disabled Widow or Widower Benefits

An experienced Social Security Disability lawyer can assist you with all the parts of getting survivor’s benefits:

  • Determining whether you qualify for SSD surviving spouse benefits and how much money you could expect to receive each month.
  • Proving that your own disability prevents you from working.
  • Compiling the documents you’ll need to submit with your application.
  • Correctly completing your application for benefits.
  • Guiding you all along the way and answering all of your questions.

Social Security will need some or all of the following documents to accompany your application:

  • Proof of your spouse’s death.
  • Your birth certificate or other proof of birth.
  • Proof of U.S. citizenship or lawful alien status if you were not born in the United States.
  • U.S. military discharge papers for service before 1968.
  • Two forms that describe your medical condition and authorize disclosure of information to Social Security (Forms SSA-3368 and SSA-827).
  • W-2 tax forms and/or self-employment tax returns for the previous year.
  • Marriage certificate or final divorce decree, if applying as a surviving divorced spouse.

The experienced disability attorneys at Lachman & Gorton have helped thousands of people in Upstate New York win Social Security Disability benefits.

Whether you’re applying for widow or widower benefits or you’ve already applied and were denied, we can help.
In a difficult time, we want to see you get benefits that can make your life easier.

Call Us Now!
Call Us Now!

National Organization of Social Security Claimants’ Representatives
United States District Court of Northern and Western Districts
Broome County Bar Association