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Can I get SS disability based on my deceased husband's record with a teen still collecting benefits?

I'm in a tricky situation and need some clarity on my Social Security options. I recently applied for disability benefits but was told I don't have enough work credits on my own record. The SSA representative immediately suggested I apply based on my late husband's record instead. He passed away in 2010 at age 47. When he died, we had six children receiving survivor benefits totaling around $5,000 monthly. Currently, only his youngest son (16) is still receiving benefits (about $2,250/month). What I'm trying to figure out is: If I'm approved for disability on my husband's record, how would my benefit be calculated? And what happens when his son turns 18 in two years? I need to plan financially for that transition and understand what my monthly income might look like. Has anyone navigated this specific situation with survivor benefits and disability?

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20 comments

Andre Dupont

•16d

You're looking at applying for disabled widow's benefits (DWB), which is specifically for widows/widowers who become disabled before age 60. The benefit amount would be 71.5% of your late husband's primary insurance amount (PIA). The good news is that you can receive this benefit even while your son is collecting, as there's no "family maximum" issue between a disabled widow and a child survivor beneficiary. When your son ages out at 18 (or 19 if still in high school), his benefits stop, but yours would continue as long as you remain disabled. You should apply ASAP because there's a time limit - you need to be disabled within 7 years of first receiving mother's/father's benefits or within 7 years of when they ended.

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ThunderBolt7

•15d

I processed these types of claims when I worked at SSA. The previous comment about the 71.5% rate is correct, but there's one critical detail missing. For Disabled Widow's Benefits, you must be at least 50 years old when you apply. If you're under 50, you won't qualify regardless of your disability status. Also, the 7-year deadline is extremely important - it's called the "prescribed period." This means you must prove your disability began within 7 years of your husband's death OR within 7 years after your mother's benefits ended (if you received them). Regarding your son - his benefits continue until age 18 (or 19 if still in high school), and this won't affect your disabled widow benefits at all.

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Jamal Edwards

•15d

I went through something similar! But I was only 46 when I applied and got DENIED because of the age requirement!! Had to wait until 50 to reapply. The MOST FRUSTRATING part was trying to get someone at SSA on the phone to explain everything. I spent DAYS trying to get through, kept getting disconnected. So aggravating!!! Finally used Claimyr (claimyr.com) to get through to a representative without the ridiculous wait. You can see how it works in their video: https://youtu.be/Z-BRbJw3puU - totally worth it to actually talk to someone who could explain my options.

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Andre Dupont

•15d

One more important thing to know: If you're approved for disabled widow's benefits, you'll be automatically enrolled in Medicare after 24 months on benefits, regardless of your age. This is a significant benefit that can help with your healthcare costs. Also, when you reach your full retirement age (probably 67 in your case), your benefit will automatically convert to a regular widow's benefit, which will be 100% of your husband's PIA instead of the 71.5% you receive as a disabled widow. This increase happens automatically.

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