Divorced Surviving Spouses and Social Security Disability

Recently, we discussed the Social Security Disability benefits that a surviving spouse of an insured person may be entitled to, but what about a divorced widow or widower? Can he or she draw off a deceased insured worker? For the answer, one must look to 20 CFR § 404.331. In order to draw benefits:

• There must have been a valid marriage for at least 10 years immediately preceding the divorce;
• The surviving spouse must be unmarried; *
• The surviving spouse must be at least sixty (60) years old or fifty (50) years old with a disability; AND
  • The surviving divorced spouse not be entitled to an old-age benefit that is equal to, or larger than, the insured’s primary insurance amount.

*The claimant must be unmarried, unless for benefits for months after 1983:

• The claimant remarried after he/she became sixty (60) years old; or
• The claimant is now age sixty (60) or older; and
  • The claimant remarried after attaining age fifty (50) but before attaining age sixty (60); and
  • At the time of the remarriage, the claimant was entitled to widow(er)’s benefits as a disabled widow(er); or
• The claimant is now at least fifty (50); and
  • He/She remarried after attaining age fifty (50); and
  • He/She met the other disability requirements of this section at the time of the remarriage.

Again, there are no spousal benefits under Title 16 or SSI.

If you need more information about a Social Security Disability or SSI matter, personal injury matter (car wreck, boating accident, slip and fall, etc.), EEOICPA claim, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611, or through our website. Our office handles claims throughout East Tennessee, including Knoxville, Chattanooga, Kingsport, Bristol, Johnson City, Morristown, Maryville, Rogersville, Dandridge, Tazewell, New Tazewell, Jefferson City, Strawberry Plains, Sevierville, Gatlinburg, Loudon, Kingston, Halls, Maynardville, Crossville, Cookeville, Jamestown, Sweetwater, Lenoir City, Athens, Oak Ridge, Clinton, LaFollette, Lake City, Jacksboro, Bean Station, Cosby, Newport, White Pine, Mosheim, Wartburg, Sunbright, Pigeon Forge, and Deer Lodge.