Can i collect my deceased husbands social security disability

When a Social Security beneficiary dies, his or her surviving spouse is eligible for survivor benefits. A surviving spouse can collect 100 percent of the late spouse’s benefit if the survivor has reached full retirement age, but the amount will be lower if the deceased spouse claimed benefits before he or she reached full retirement age. (Full retirement age for survivor benefits differs from that for retirement and spousal benefits; it is currently 66 but will gradually increase to 67 over the next several years.)

If you were already receiving spousal benefits on the deceased’s work record, Social Security will in most cases switch you automatically to survivor benefits when the death is reported. Otherwise, you will need to apply for survivor benefits by calling the Social Security Administration at 800-772-1213 or contacting your local Social Security office. 

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In most cases, a widow or widower qualifies for survivor benefits if he or she is at least 60 and had been married to the deceased for at least nine months at the time of death. But there are a few exceptions to those requirements:

• If the late beneficiary’s death was accidental or occurred in the line of U.S. military duty, there’s no length-of-marriage requirement.
• You can apply for survivor benefits as early as age 50 if you are disabled and the disability occurred within seven years of your spouse’s death.
• If you are caring for children from the marriage who are under 16 or disabled, you can apply at any age.

Whether you have wed again can also affect eligibility. If the remarriage took place before you turned 60 (50 if you are disabled), you cannot draw survivor benefits. You regain eligibility if that marriage ends. And there is no effect on eligibility for survivor benefits if you remarry at or past 60 (50 if disabled).

The survivor benefit is generally calculated on the benefit your late spouse was receiving from Social Security at the time of death (or was entitled to receive, based on age and earnings history, if he or she had not yet claimed benefits). The actual amount of your payment will differ according to your age and family circumstance:

• As previously noted, if you have reached full retirement age, you get 100 percent of the benefit your spouse was (or would have been) collecting.
• If you claim survivor benefits between age 60 and your full retirement age, you will receive between 71.5 percent and 99 percent of the deceased’s benefit. The percentage gets higher the older you are when you claim.
• If you claim in your 50s as a disabled spouse, the survivor benefit is 71.5 percent of your late spouse's benefit.
  
• If you apply on the basis of caring for a child who is under 16 or disabled, you can collect 75 percent of the late spouse’s benefit, regardless of your age.

Keep in mind

• You will not receive a survivor benefit in addition to your own retirement benefit; Social Security will pay the higher of the two amounts.
• If you are the divorced former spouse of a deceased Social Security recipient, you might qualify for survivor benefits on his or her work record.
• If you are below full retirement age and still working, your survivor benefit could be affected by Social Security's earnings limit.
• It does not matter whether a surviving spouse worked long enough to qualify for Social Security on his or her own. He or she can still collect benefits on the deceased spouse’s work record.

The loss of a spouse is difficult enough, but along with it, there are financial issues to sort out. When a spouse who had been collecting Social Security disability benefits passes away, that benefit is sometimes passed onto the surviving spouse if they meet certain criteria.

Remember that each person's situation is different, and if you have any questions about whether or not you'd qualify to receive Social Security disability after a spouse passes, you can contact your local Social Security office or call 1-800-772-1213 to speak to a Social Security representative.

Learn more below about the intricacies of how Social Security disability works after a spouse dies.

Under normal circumstances, you can't receive disability benefits based on anyone's disability but your own, but you can receive survivor's benefits in some instances.

For regular Social Security Income (SSI), generally speaking, if you're of retirement age — 62 years old — you can receive Social Security retirement benefits based on your deceased spouse's record with the Social Security Administration (SSA). And, if you're disabled, you may also be able to receive Social Security disability benefits after your spouse passes away.

Qualifying for SSDI When a Spouse Dies

It's important to remember that everyone's situation is different, so what one person may qualify for, another person may not. It's usually best to consult with a Social Security representative either by phone at 1-800-772-1213 or at your local Social Security office if you have questions about your eligibility.

In general, though, in order to qualify to receive Social Security disability benefits:

• You must be either disabled at the time of your spouse's death or become disabled within 7 years of your spouse's death.
• You must have been married for at least 9 months.
• You are the parent of the deceased spouse's minor children, either biologically or through adoption.

In some cases, the 9 month rule may not apply if the circumstances surrounding your spouse's death meet these criteria:

• The death of your spouse was accidental.
• Your spouse was a member of the armed services and died while on active duty.
• Your spouse was previously married to someone who he was legally unable to divorce, such as someone who was institutionalized.
• If you had previously been married to this same spouse in the past for at least 9 months.

How Much SSDI Can I Qualify for?

The amount of Social Security disability benefits you qualify for depends on the amount your deceased spouse was receiving. The amount you receive may be based on your age and how long you were married.

In general, if you're 62 or older, you'll likely qualify for the full benefit upon your spouse's passing. If, however, you're between 50-62, you likely will qualify for a percentage of that benefit based on your age. 

As with most things related to federal and Social Security benefits, it's best to contact a Social Security representative so they can answer questions specific to your situation.

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