SOCIAL SECURITY WIDOWS OR SURVIVORS BENEFITS

SOCIAL SECURITY MAY PROVIDE FINANCIAL SUPPORT FOR A SURVIVING DIVORCED SPOUSE

If your ex-spouse dies and you were married at least 10 years you may be eligible for Social Security survivor’s payments on your ex-spouse's earnings record. Basically, Social Security treats you like a widow or widower if you were in a marriage for at least 10 years.. This reflects the reality that the economic circumstances of any marriage that lasts at least a decade probably will have a financial impact on the standards of living for the rest of the spouses’ lives.

ELIGIBILITY

To determine eligibility for benefits under an ex-spouse's work record,, the Social Security Administration (SSA) applies a formula. SSA considers how many work credits the deceased worker earned as well as the deceased’s spouse's age at time of death.

If a surviving divorced spouse cares for a biological or adopted child of their deceased ex-spouse, and that child is either disabled or under age 16,  they may be eligible even if the marriage lasted less than 10 years.

My firm recently represented a widow in just this type of situation.  She had been married more than 10 years, her husband had passed away a couple of  years ago, and the woman herself (over 50) is unable to work.  She had applied for Social Security survivor's benefits but was denied, which happens all too often.  She came to my office in desperation, wandering how she was going to survive financially with no Social Security support.  It became apparent to me that she had been unjustly denied survivor's benefits.  I filed a petition for appeal and the case wound up before a federal administrative law judge.  During a one-hour hearing, the judge found that my client was eligible for Social Security survivor's benefits based on her deceased husband's work record.  The judge not only allowed monthly payments to begin, but also approved retroactive pay back to the date of the original claim.

I fear that many women, especially, find themselves in this situation after the death of a spouse.  They have not worked sufficiently to get benefits under their own work record.  Their spouse supported the family until his death.  When the woman applies for Social Security disability, she is told that she doesn't have enough work credits for SSDI or Title 2. Or, She may be told that she is not disabled "according to the rules of the Social Security Administration."  In either event, her benefits are denied.

This is time to get competent representation and take the case higher up the chain of command to a judge.  This can easily be done with no upfront cost.

_____________________

The Forsythe Firm

7027 Old Madison Pike - Suite 108

Huntsville, AL 35806

Consultations by phone or by appointment only

(256) 799-0297