Disclaimer: This story is based on a real case. The names and identifying details have been changed to protect the privacy of individuals involved. Information presented here is general in nature and should not be construed as formal legal advice or as the formation of a lawyer/client relationship. Cases differ and past performance does not guarantee future results.
Gillian’s husband Francis was killed in a car accident. She was about to apply for survivor’s benefits, when her friend Margaret told her that since she was not yet 60, she may not be eligible to receive Social Security survivor’s benefits. She had not worked for five years due to a disabling injury. Gillian, 52, worried about how she would be able to support herself. She saw our post on Facebook and decided to call us at Cervoni Disability Law, PLLC for advice on how she should proceed.
…what we told Gillian:
We told Gillian that if she was at least 50-59 years old and disabled, and her disability started within seven years of her spouse’s death, she could receive Social Security benefits based on her husband’s earnings record. Also, if she did not have children collecting benefits on her husband’s record, she could receive 71.5% of her husband’s SSDI benefit.
We told her that it was possible for her to receive Social Security disabled widow’s benefits on her husband’s work record if:
- Her husband had earned enough credits from working at jobs where he paid Social Security taxes.
- She was found disabled by Social Security due to her injury or medical conditions.
If you have a friend, relative or client who needs help with the Social Security Disability application and/or the appeals process, call Cervoni Disability Law PLLC for a free consultation.
We work exclusively on Social Security Disability Claims. Call 703-241-2625 or email us at info@cervonidisabilitylaw.com. Visit our website at www.cervonidisabilitylaw.com or follow us on Facebook, Twitter, Google Plus and LinkedIn.