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Social Security survivor benefits vs. disability - do widow's benefits expire after 7 years?

I'm in a tough spot and getting conflicting information about survivor vs. disability benefits. My husband passed away in 2017 (8 years ago), and I've been working since then despite some health issues. Now my condition has worsened to the point where I can no longer work. When I called SSA to inquire about applying for disability, the representative told me I'm "too late" for survivor disability benefits because they expire after 7 years from my husband's death. Is this actually true? They said I'd have to apply based on my own work record, but my benefit would be significantly less (around $1,050/month) compared to what I could have received on my husband's record (approximately $2,250/month). I don't understand why there would be an expiration on widow's disability benefits. Can anyone clarify if I really missed a deadline or if the SSA rep gave me incorrect information?

the ssa people dont know there own rules half the time. my sister was told the same thing but then she went to a diffrent office and got approved for widows disability. you should try calling again and see if you get a diffrent answer or go in person.

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Thanks, that gives me some hope. Did your sister apply more than 7 years after her husband died too? I'll try calling again tomorrow. It just feels so unfair if I truly missed out on higher benefits because no one ever explained this deadline to me.

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There's a lot of confusion around this topic. For disabled widow(er)s benefits, there IS a time limit, but it's not exactly 7 years. You must become disabled within 7 years of your spouse's death OR within 7 years after you were last entitled to survivor benefits (like if you were receiving mother's/father's benefits while caring for young children). This is found in Section 202(e)(1) of the Social Security Act and in SSA's Program Operations Manual System (POMS) at DI 10110.613. However, there are some exceptions to this rule. If you were already disabled before your husband passed away or became disabled within the 7-year period, you might still qualify even if you're applying now. The key question is WHEN you became disabled, not when you apply. I'd recommend speaking with a different SSA representative and specifically ask about disabled widow's benefits under Section 202(e) of the Social Security Act. If you believe you became disabled within that 7-year window, make that very clear.

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Thank you for this detailed explanation. My condition started about 5 years ago, but I pushed through and kept working until recently when it became unbearable. So technically my disability began within the 7-year window, but I didn't apply then because I was still working. Do you think that makes a difference? Should I specifically mention Section 202(e) when I call back?

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Yes, that's a critical detail! If your condition began within the 7-year period, you should absolutely still be eligible for disabled widow's benefits, even if you continued working for a while. When you call back, be very specific about the timeline of your disability onset. Mention Section 202(e) and ask specifically about "disabled widow's benefits" rather than general survivor benefits. The fact that you tried to keep working despite your condition shouldn't disqualify you from these benefits. Make sure to have medical documentation showing when your condition began, as SSA will need to establish that onset date to verify it falls within the 7-year period. Don't let them discourage you - if the first representative isn't helpful, ask to speak with a technical expert or supervisor.

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My condolences about your husband. I went thru this 2 years ago and got so many different answers from SS. Every time I called they told me something different! Its so frustrating when your trying to figure this out and just get basic answers.

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Thank you. It really is frustrating. Did you eventually get it resolved? I'm worried about getting different answers every time I call.

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Yes I did but it took FOREVER. I finally got my claim approved after 4 months of back and forth. The difference in benefit amount was huge for me too so it was worth fighting for. Don't give up!

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You're getting some good advice here, but I want to clarify a few points about disabled widow's benefits: 1. The 7-year deadline is real - you must have become disabled within 7 years of your husband's death 2. However, the DATE YOU APPLY doesn't matter as much as when your disability actually began (your "onset date") 3. To qualify for disabled widow's benefits, you must: - Be between ages 50-60 - Be unmarried (or your remarriage occurred after age 50) - Have a disability that meets SSA's definition - Have become disabled within that 7-year period 4. Most importantly: Even if you continued working for a while after the condition began, SSA can establish an onset date during the time you were still working if your condition met their medical criteria at that point I'd recommend getting a documented consultation with SSA where you specifically discuss disabled widow's benefits. Make sure they properly evaluate when your disability began, not just when you stopped working. If you're denied, consider consulting with a disability attorney who specializes in these cases.

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This is so helpful, thank you! I'm 54 now and haven't remarried, so it sounds like I meet those criteria. My doctor has documentation from about 5 years ago when my condition first became serious, even though I kept working until recently. I'll definitely mention all of this when I call SSA again.

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DONT BELIEVE EVERYTHING THE SSA PEOPLE TELL YOU ON THE PHONE!!!! I got told THREE different things about my benefits and wasted MONTHS trying to figure it out. The call center people just read from scripts and half of them don't know the actual rules. So frustrating!!!

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I had a similar situation last year and was getting nowhere with the SSA phone lines - either waiting for hours or getting disconnected. I finally found this service called Claimyr (claimyr.com) that got me connected to a real SSA agent in under 10 minutes. It saved me so much frustration. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU When I finally got through, I learned that what the previous rep told me was completely wrong, and I was able to apply for the correct benefits. For something this important with such a big difference in benefit amounts, it's worth making sure you're talking to someone who actually knows the rules about disabled widow benefits.

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That's helpful to know about. I've been getting disconnected a lot when calling SSA. I'll check out that service if I keep having trouble getting through. Did you find that the agents you reached knew about the more technical aspects of benefits like this 7-year rule?

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Yes, the difference was night and day. When I got through using that service, I asked for someone who specifically knew about survivor and disability benefits. The agent I spoke with was much more knowledgeable than the previous representatives I'd talked to. She actually took time to look up my specific situation rather than just giving a generic answer.

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I'm really sorry about your husband and your health struggles. My mom went through something similar after my dad died. What helped her was writing down EXACTLY when her disability started (with doctor's records to back it up) before she called SSA. Then she kept calling until she got someone helpful. The actual date her disability began was what mattered, not when she applied. Praying you get this figured out! ❤️

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One more important thing to consider: If your disability began during the 7-year period but has worsened over time, make sure to emphasize this to SSA. They can establish what's called an "amended onset date" that reflects when your condition first met their criteria for disability, even if you were still working at reduced capacity at that time. Also, if you're denied when you first apply (which happens to many people), don't get discouraged. File an appeal and consider getting representation at that point. The appeals process often has better results, especially when the case involves technical rules like the disabled widow's benefit timing requirements.

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Thank you for this additional information. My condition definitely got worse over time - started with manageable pain about 5 years ago but progressed to the point where I can't work now. I'll make sure to be very clear about the progression when I speak with them. I'm gathering all my medical records from the past 5 years to document everything.

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my sister didnt apply til like 9 years after but her disability started in year 6 so they still approved her. its when the disability starts not when you apply thats what matters

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That's really encouraging to hear - thanks for sharing that specific example. It sounds very similar to my situation!

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