Massachusetts Social Security Disability Lawyers Blog

April 7, 2013

Report: Boston SSDI Office Among 19 Closed in FY2012

A Social Security Disability Insurance field office located in Greenfield, just outside of Boston, was one of 19 shuttered last year, according to the Social Security Administration.

Our Boston SSDI lawyers understand the agency has been aggressively seeking ways to pare down expenses and balance budgets over the last several years.

In addition to closing offices altogether, the agency has slashed business hours at most other disability offices and has trimmed overtime allowances for the employees who remain.

Since the 2010 fiscal year, the agency has “consolidated” (closed) some 41 field offices and nearly 500 contact stations, according to testimony given by the administration’s acting commissioner to Congress.

In addition to the Boston-area closure, other field offices closed last year include:

Norwalk, Conn.;
Montclair, N.J.;
Chinatown, East New York, Rome and Long Beach, N.Y.;
Pittsburgh Northside, PA.;
Jenkintown, PA.;
Washington D.C.;
Palatka, FL;
Moultrie, GA;
Swainsboro, GA;
Biloxi, Miss;
Burlington, N.C.;
Clinton, Iowa;
Moberly, MO;
Beatrice, Neb. (Kansas City);
Seattle Metro, WA.

Many of these are major metropolitan areas. Many employees at these field offices were responsible for reviewing case files, making initial disability determinations, ensuring paperwork was appropriately received and to the correct office, and scheduling administrative law hearings.

Significant reductions in those services is going to inevitably mean longer wait times for claim outcomes.

We are also expecting a rise in denials of claims, particularly by those who are not represented by a disability insurance attorney. Getting an approval stamp is tough as it is. Having an attorney representing you greatly improves your chances. With the administration looking to cut as many corners as it can, it’s highly likely that reviewers and administrative law judges are going to be analyzing these claims even more closely. What this all comes down to is that you can’t afford NOT to hire a disability claims lawyer.

To begin with, your lawyer will be able to provide you with an educated opinion about whether you are likely to be approved for a claim. Approval is not automatic or contingent upon age or income. Sometimes it comes down to making a convincing argument. That is what we do best.

When you hire us, you are handing over all the stress and worry of your claim onto an experienced professional who will help you avoid mistakes during the process and ensure that all paperwork is properly completed and submitted. We’ll help you determine if there are additional exams or documents that could serve to bolster your case.

If you are already at the stage where your claim has been denied, we can help you mount a strong appeal. The fact is, two-thirds of all applicants are going to end up receiving a rejection letter, at least after filing their initial claim. But we would encourage you not to give up.

We may even be able to help you avoid a hearing altogether. With claims that do reach the hearing level, our disability attorneys have had success with on-the-record decisions, which basically means that the judge approves the benefits based on the information presented prior to the hearing.

SSDI may have closed many of its offices – but we won’t let them close the door on you.
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April 2, 2013

Examining the Rise of SSDI: What NPR Got Wrong

by Jeffrey S. Glassman

A recent series of stories aired on NPR’sThis American Life and Planet Money has certainly generated a great deal of conversation.

However, our Boston Social Security Disability Insurance lawyers are disappointed to say that much of what the series did was continue to perpetuate misconceptions and stereotypes about this vital program that in reality allows tens of thousands of disabled Americans to avoid spiraling into the depths of poverty.

We aren’t the only ones to take issue with the series. Others taking aim are Media Matters, the Center on Budget and Policy Priorities and the Paralyzed Veterans of America – as well as a letter signed by more than 100 organizations who work on behalf of those living with disabilities.

While the station has defended its reporter and denied any factual errors. But, although the reporter never came out and said that a large number of those who receive disability payments are lying about it, that’s exactly what her tone seems to convey. This is not only offensive – it’s wrong and harmful.

We are not so naive as to say fraud doesn’t happen at all or that people who don’t truly need disability insurance have received it through deceptive means. But the Government Accountability Office has delved into this issue numerous times and found fraud has not been a major problem for the agency.

This kind of insinuation is harmful because it makes the process inevitably more stringent for the majority who do have legitimate disabilities who already must endure a lengthy and rigorous process in which the cards are often stacked against them. Doing so while they also try to stay afloat financially and cope with their illness is incredibly overwhelming.

For as long as the story was, it never seemed to address the difficulty of this process and how long it takes. While the reporter harped on the fact that 14million people receive disability benefits, there is no mention of the fact that just 40 percent of those who apply actually receive it – and that is usually only after years of applications, exams, hearings, etc.

The reporter calls SSDI a “deal” that people have “signed up for,” one in which they agree to essentially be poor to never have to work again. Of course, this statement assumes that these folks have a choice about whether to go on disability.

The reality is, most would return to work in a heartbeat if they could. Disability is not a program for people who don’t like work. It’s a lifeline for those who CAN’T work.

For all of the series’ critiques of those receiving disability benefits, the reporter never even attempts to scratch the surface of trying to answer the question of what would happen if all of those people receiving SSDI suddenly no longer did. What would be our costs then financially, socially, culturally, morally?

Neither does the reporter try to give the disabled population the benefit of the doubt. Rather than asking, “Why are so many people collecting benefits?” perhaps the reporter would have been better served to ask, “Why are so many people disabled?”

This would have in turn raised some important questions about things like the quality of our health care system, the safety of our workplaces and the the healthiness of our overall lifestyles. It would have prompted questions about the lack of preventative care, prenatal care and early intervention that might have made a difference in conditions that have since become severe enough to warrant disability payments.

When we start asking the right questions, we can finally begin to uncover real solutions.
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March 28, 2013

Congressional Analyst: Employers Can Help SSDI Remain Solvent

by Jeffrey S. Glassman

Lawmakers grappling with the issue of how to keep the federal disability insurance program fully functional for generations to come heard a novel idea recently from an analyst with the Congressional Budget Office.

In a hearing before the House Ways and Means Social Security subcommittee, analyst Joyce Manchester testified that employers have to be brought into the fold to help reduce the risk of a worker incurring a disabling condition to begin with.

Our Boston Social Security Disability Insurance lawyers know that this will of course be easier said than done, but it’s certainly an option worth exploring.

Interestingly, neither Manchester nor other witnesses harped on the issue of fraud or individuals seeking out benefits to which they weren’t rightly entitled. A report last year released by the Government Accountability Office found that was not a substantial concern nor a driving force behind the increase in disability rolls.

The greater issue is the baby boom. America had a birth rate explosion in the mid-1940s, but it tapered off dramatically by 1965. What that means it that we have a sizable population right now that is aging. The risk of disability increases with age. But we have a younger, working generation that is not large enough to support it.

So the question is what do we do with this. Some have suggested that tighten restrictions and make it tougher for people to get on disability in the first place. However, this ends up actually costing us more because these individuals end up relying on other social services in order to meet their basic needs.

So Manchester’s suggestion of holding employers more accountable for safe work standards makes a lot of sense.

To be clear, a disabling condition need not be incurred at work in order to qualify a person for benefits (unlike workers’ compensation). However, we may be able to significantly reduce the SSDI rolls if employers stepped up their game to make the workplace a safer place. Additionally, Manchester suggested that if employers could do more to encourage and support disabled workers, there would be less need for disability insurance. That might mean making certain accommodations such as flexible hours or improving disability accessibility.

As it stands, federal law does require that companies make reasonable accommodations for employees who are disabled. Additionally, a firm that uses private group disability plans may be offered insurer incentives to keep an injured or disabled worker on the job.

However, because of the way that SSDI is funded, through flat-rate payroll taxes on both employees and employers, employers don’t bear any burden of the costs associated with a disabled worker who goes on SSDI.

Comparatively, European countries have been reportedly given companies incentives to keep a person working by hefting some of the cost of disability benefits directly onto the company. For example, in the Netherlands, employers are mandated to cover the cost of disability benefits for at least two years.

In Switzerland, the SSDI equivalent charges high rates to companies that don’t offer its workers private short term disability programs, and lower rates for firms that do.

In other nations, employers that have high rates of disability actually get taxed more heavily by the government, providing even more incentive for companies to make safety a priority.
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March 25, 2013

Congressional Witnesses Call for Tougher SSDI Standards

by Jeffrey S. Glassman

The wild misconceptions surrounding Social Security Disability Insurance benefits never cease to amaze our Boston disability benefits lawyers.

There are these misguided – yet common – notions that because there are more recipients, there must be fraud, or that because there are more applicants, it must somehow be quite easy to land this “free money.”

The truth could not be further from that. Our population is growing and aging – two factors that contribute significantly to the ballooning of disability rolls.

The fact is, people who are well-qualified often must wait months if not a year or more just to have their case reviewed. Even then, the vast majority of applicants are not approved. Those who continue on to the appeals process have somewhat better odds, but it is by no means a given.

In light of all of this, we can certainly see the need for reform. At a hearing before the House Ways and Means Social Security subcommittee, a retired administrative law judge testified that claimants should be made to come to hearings armed with more information regarding their disability.

As it stands, there is already an inordinate amount of information required for claimants at hearings.

The subcommittee has been hosting a series of hearings on the molasses-slow claim determination process. Managers for SSDI said they have attempted to streamline the process, particularly by setting special parameters for those who have severe and clear-cut disabilities (known as Compassionate Allowances). However, others moving through the process can take years.

At another of those subcommittee hearings, a policy specialist with the Center on Budget and Policy Priorities, indicated that Congress should boost financial support for the administrators of the SSDI program, as right now, the resources are scant for what they are expected to accomplish. As it now stands, congress treats the budget of the Social Security Administration as a form of discretionary spending. This is despite research showing that spending money at the front end can help to significantly reduce abuse and fraud and help to ensure that those who need the benefits most aren’t overlooked.

Another additional proposal is to amp up the requirements of those representing disability claimants. A decade ago, only about a tenth of claimants were represented by a third party, such as an SSDI attorney. Now, it’s about 80 percent.

With lax criteria for who can be a representative, it’s unfortunate that many claimants receive sub-par representation.

The original rules as they stand were written to accommodate claimants who were going forward on their own. But the administrative judge says more stringent requirements should be made of certain professionals, particularly attorneys, with regard to ensuring all the evidence is appropriately submitted and in a timely manner.

This is not a requirement that would concern us in the least, as these are the standards to which we already adhere.

You can ensure that your needs and interests will be held in the highest regard when you hire our experienced, caring SSDI lawyers to represent you.
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March 22, 2013

Boston Brain Injury Sufferers May Find Relief in SSDI Benefits

by Jeffrey S. Glassman

March is Traumatic Brain Injury Awareness Month, and it’s worth noting that Boston University School of Medicine researchers have been at the forefront of brain injury studies.

Our Boston Social Security Disability Insurance attorneys have handled cases for countless clients on the personal injury side of our practice. While it’s true that the brain is a miraculous organ with this amazing propensity for resilience, it’s also incredibly vulnerable to damage.

Often when we’re talking about a traumatic brain injury, there is the assumption of a war injury or a football players who take regular hits to the head.

But in fact, there are many different ways that people incur serious and permanent brain injuries. One of the most common of those is motor vehicle accidents, where many victims often experience sudden and powerful blows to the head. Construction workers too are at high risk of head injuries, as they tend to be at a much higher risk for falls at elevated levels. Even children may risk permanent brain damage from an injury sustained in a playground fall or during recreational sports.

The Centers for Disease Control and Prevention, which are working to raise awareness about TBIs this month, indicate the following:

Males have the highest rate of traumatic brain injury;
Young children and elderly adults are at the highest risk for a fall-related traumatic brain injury;
Adolescents and young adults between the ages of 15 and 24 have the highest rate of motor vehicle crash-related brain injuries;
Adults older than 75 are more likely to be hospitalized for a brain injury and are more likely to immediately die from it than any other age group.

Traumatic brain injuries are a specific listing of disability impairment noted as “cerebral trauma.” This heading goes onto list conditions such as epilepsy, central nervous system vascular accident or organic mental disorders – all of which are subsets of TBI.

Epilepsy is a seizure disorder that can stem from a brain injury. In order to qualify, you would have to experience a certain type and frequency.

Central nervous system vascular accident refers to a series of conditions you might have following a stroke or other brain injury. This would include difficulty with language and communication and/or persistent and significant disruption regarding the use of your arms, legs, fingers, hands or in walking.

An organic mental disorder would be something that has resulted in significant emotional or cognitive changes stemming from the brain damage you or your loved one suffered.

Even if you don’t meet any of these specific criteria, it’s very possible our SSDI lawyers can make a strong case for your entitlement to benefits on the basis of your inability to work. That is, we would argue that your residual functional capacity has been severely limited.

If you have suffered a traumatic brain injury, it’s highly likely you might not be able to return to your old job. But that’s not enough to prove disability. We have to take a step further by proving your disabilities are so severe that you are not likely to succeed in virtually any job for which you would otherwise be qualified.
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March 17, 2013

Boston Disability Benefits for Addiction-Related Conditions Getting Clarification from Social Security Administration

by Jeffrey S. Glassman

Addiction is a powerful and often fatal disease that affects more than 20 million people in this country each year.

There is no question it is a clinical medical condition and yet, our Boston Social Security Disability Lawyers know that obtaining benefits for it can be quite difficult.

The administration has ruled that while beneficiaries can’t be denied solely on the basis of their addiction, they can be denied if the foundation of the claim is predicated on the addiction.

Potential effects of addiction include: anxiety, depression, paranoia, major organ damage (heart, kidney, liver, brain), seizures or strokes, respiratory problems. Any of these consequences may involve irreversible damage that would qualify a person for disability payments. Some of these conditions may be permanent, regardless of whether you are able to quit. And that’s ultimately what the administration is after.

Section 12.09 of the administration’s disability listing holds that the question has less to do with whether the disabling condition was caused by the condition and more to do with whether the condition would improve if the substance abuse was halted.

While it seems like a fairly straightforward explanation, in practice, administrative law judges and reviewers were too often finding it difficult to separate the addiction from the condition, as both were often innately intertwined.

That’s why effective later this month, the administration has announced the passage of Social Security Ruling 13-2p, replacing SSR 82-60 with regard to addiction evaluation.

Rather than expecting evaluators to arbitrarily determine whether a person’s addiction is material to the condition, the agency has spelled out a list of flow-chart guideline questions for reviewers seeking to make an accurate determination.

So the questioning starts with whether the individual in fact has a drug or alcohol addiction. If the answer is no, then the issue is moot.

If the person is deemed to have an addiction, the reviewer must decide whether, considering the entirety of the situation, the person would be considered disabled. If not, the claim would be denied.

If, however, the answer is yes, the question then becomes whether the addiction in and of itself is the only addiction. If it is, that’s the end of the road, and the claim will be denied.

If it’s not, the next question is whether the other impairment is disabling just by itself, even while the individual continues to abuse alcohol or drugs. If the answer is no, then that means the addiction is material to the claim and the claim will be denied.

However, if the answer is yes, the follow-up question is whether the addiction itself has caused or somehow affected this other disabling impairment. If not, the claim will be granted. Even if the answer is yes, the claim can still be approved if the impairment is irreversible regardless of whether the substance abuse stopped.

If the answer is yes, but it’s not clear to what extent, the final question is whether the condition COULD improve to the point of a non-disability if the person stopped abusing substances. If so, the claim is denied. If not, it will be granted.

The bottom line is that to obtain benefits on the basis of an addiction-related condition requires you to reach a high threshold, one that you are unlikely to prove without the assistance of a skilled SSDI attorney.
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March 15, 2013

Boston Schizophrenia Sufferers May Qualify for SSDI

by Jeffrey S. Glassman

Researchers in Boston are part of an international consortium that has recently discovered an underlying biological link between a handful of psychiatric illnesses, including schizophrenia, autism and depression.

This breakthrough research gets us one step closer to determining which genetic variants cause these conditions, and how we may be able to better treat them.

In the meantime, our Boston Social Security Disability Insurance attorneys want to make sure that sufferers of schizophrenia – and these other conditions as well – know that they may be eligible to receive federal benefits. For many, this could very well be a way out of poverty, a ticket out of a potential cycle of homelessness, crime and institutions.

Of course, your eligibility may depend on how consistent you are in taking your doctor-prescribed medication. There is no cure for schizophrenia, but medical treatment programs have proven effective in quelling some of the most severe symptoms.

However, the disease itself may be a limitation to an individual taking their medication with any regularity. And as this new research shows, we have a long way to go in terms of eliminating the barriers that these individuals must endure in an effort to live happy, stable lives. When medication is not fully effective – or when that medication poses debilitating side effects on its own – disability benefits are an important consideration.

In some cases, schizophrenia may develop suddenly and without much warning. In other cases, there is a gradual decline in function that foreshadows the first major episode.

Early on, sufferers might seem somewhat eccentric, reclusive or unmotivated. They may appear to lack emotions or be increasingly forgetful or say odd things or express a general indifference to life. They may find themselves suffering from insomnia, depression or inappropriate expressions of both joy and grief.

Part of the problem for many schizophrenia sufferers is that when they first begin to experience these symptoms, they try to mask it with substance abuse, which not only compound the issue but make it tougher to get a true diagnosis and treatment. Sometimes, those with schizophrenia may be wrongly diagnosed with other disorders. Often, it takes six months or more to even get an accurate diagnosis.

This ends up not only straining relationships, as close loved ones struggle to understand or help, but it is truly an impairment on every day functioning. Persons with schizophrenia may find they have trouble completing even basic tasks such as eating, bathing or running simple errands. They are also at a heightened risk of suicide.

Once the disease becomes more developed, it is usually manifested through delusions, hallucinations, disorganized speech or behavior or a lack of interest or enthusiasm about the world around them.

The Social Security Administration, under Section 12.03 Schizophrenic, paranoid or other psychotic disorders, holds that in order to qualify for benefits, these episodes must be severe, debilitating and frequent.

If an individual has been coping with this disease on their own for at least two years or if they have shown an inability throughout the last year to function outside of some highly-supported living arrangement (either an institution or with watchful parents, etc.) then he or she would qualify.
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March 12, 2013

SSDI Benefits for Hypoglycemia Tougher, Not Impossible, Under New Rules

by Jeffrey S. Glassman

Up until about two years ago, a person who experienced repeated episodes of hypoglycemia (low blood sugar, usually due to diabetes) might have been eligible for disability benefits on that basis alone.

However, our Boston Social Security Disability Lawyers know that as of July 2011, all endocrine disorders – including hypoglycemia – were removed from the Social Security Administration’s formal listing of impairments. The idea behind this thinking was that there have been great strides in medical advancements for those battling endocrine disorders, and that disability wasn’t necessarily a foregone conclusion anymore.

While existing patients who were receiving disability benefits under endocrine listings were allowed to hang onto those benefits, they have still been subject to the periodic reviews conducted by the administration and, absent those listings, they may have a harder time hanging onto them.

Plus, new patients with the disorder are going to have a harder time securing benefits for ailments such as hypoglycemia than those in years past.

In both scenarios, we highly recommend hiring an experienced disability lawyer. Even if your condition no longer meets a specific listing, side effects from endocrine disorders can be severe and therefore produce significant functional limitations with regard to your ability to work.

Let’s look specifically at hypoglycemia. This is a condition in which your body’s sugar/glucose is either used up too quickly or it’s released into your system too slowly or you have too much insulin being released into your system. Insulin is the hormone that regulates your blood sugar.

Most commonly, you’re going to see hypoglycemia in people who have developed diabetes. Those who don’t have diabetes may have the conditions as a result of heavy alcohol consumption, pancreatic cancer, thyroid dysfunctions, a heart, kidney or liver failure, a body-wide infection or as a side effect to weigh loss surgery.

When your sugar gets too low, you could experience a range of symptoms, including double vision, pounding heartbeat, anxiety or nervousness, headaches, hunger, shakes, sweats, tingling, weakness, insomnia or difficulty focusing. If your sugar gets below a certain point, you might faint, suffer a seizure or even go into a coma. In some cases, it may cause permanent brain damage.

It’s true that most people with this condition have been given the tools to monitor and control it. However, if you are following your doctor’s prescribed regiment and are still suffering repeated bouts of severe low blood sugar, you might be eligible for disability under other sections of the SSA’s blue book guide.

For example, someone who suffers repeated seizures due to hypoglycemia would now be evaluated under Section 11.00 Neurological impairments. In these cases, the degree and frequency will be major factors in the disability determination. If controlling those seizures requires a large level of medication that carries its own debilitating side effects, those should be noted as well.

In cases where an individual has suffered an altered mental status as a result of one or repeated hypoglycemic episodes, his impairment would be evaluated under Section 12.00 Mental Disorders.

If you have taken measures to control your hypoglycemia and have found it has not improved and further is impeding your ability to work, we can help.
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March 8, 2013

SSDI Coverage Available for Those With Down Syndrome

by Jeffrey S. Glassman

Individuals and families of those who have been diagnosed with Down syndrome may be somewhat familiar with federal benefits through the Supplemental Security Income program, which is often extended to parents and caregivers of disabled persons under age 18.

However, once that child becomes an adult, our Boston Social Security Disability Insurance attorneys understand he or she may need to apply separately for SSDI benefits. They may still qualify for SSI benefits as well, but the SSDI benefits will allow them to further hold some measure of autonomy.

Down syndrome is characterized by the presence of an extra copy of a certain chromosome. It’s one of the most common birth defects, and it causes impediments in the way both the body and brain develop.

There are two basic types of Down syndrome: Mosaic and Non-Mosaic. In non-Mosaic individuals, that extra chromosome copy appears in every single cell in the body. In Mosaic patients, that extra chromosome may be noted only in a portion of the body’s cells.

Either way, the individual may face significant impairments to work ability, though a person with a diagnosis of non-Mosaic Down syndrome – which are 98 percent of Down syndrome patients – will receive a seemingly automatic approval of SSDI benefits. However, those with Mosaic Down syndrome may have a somewhat more uphill battle.

In children with this condition, mental and social development is often impaired. Common development problems include impulsive behavior, poor judgment, slower learning and short attention spans. They may also experience poor muscle and skeletal development that may make it difficult to find some form of sustainable employment.

Even for someone with Mosaic down syndrome, all of these would factor into the increased probability of SSDI benefits.

Other problems that those with Down Syndrome in general may expect to experience are:

Birth defects, particularly relating to the heart;
Severe vision problems;
Gastrointestinal dysfunction;
Hearing problems, often prompted by regular ear infections;
Dementia;
Sleep apnea;
Chronic constipation;
Hip dislocation or impairment;
Teeth that appear later than usual and in locations that could cause problems with proper chewing;
Hypothyroidism.

Down syndrome may affect a person with varying degrees, from moderate to severe.

A person with non-Mosaic Down Syndrome is not going to have to prove the degree to which they have been affected, but someone with Mosaic Down syndrome applying for SSDI benefits will need some help building a case for it.

That will include any and all information about cognitive performance, physical impairments such as hearing or vision loss, thyroid issues, muscle weaknesses and breathing or heart disorders. Any one of these side effects of the condition may be enough to singularly qualify a Mosaic Down syndrome patient for benefits, so that combined with the original diagnosis could be sufficient to win your claim. Obviously, though, the more information you can cull together, the better.

Having an experienced SSDI attorney by your side to help you do it only serves to improve your chances.
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March 4, 2013

Social Security Disability Benefits for Surviving Spouses

by Jeffrey S. Glassman

If your spouse was able to secure Social Security Disability Insurance benefits, you know he was able to overcome perhaps one of the greatest obstacles of all time, as the process is rigorous, time-consuming and difficult.

But our Boston SSDI attorneys understand that it doesn’t always end there. Many widows and widowers of deceased disability benefits recipients are more frequently having to cope with the question of whether they can continue to receive those payments now that their spouse is gone.

The answer is: It depends.

You would do well to contact an experienced SSDI attorney to help you handle your request for continued benefits, as it will depend on a number of factors. Plus, we understand that in the wake of the loss of your spouse, this is really not something you want to have to worry about. Still, it’s an important consideration because it affects your ability to be able to pay off your bills and, in some cases, support your children.

When an SSDI recipient passes away, his benefits may go to his dependents. This includes his spouse, children and sometimes even his elderly parents.

The criteria for being able to collect SSDI benefits as a surviving spouse are:

You are responsible for the care of the SSDI recipients’ dependent child under 16. This would make you eligible for 75 percent of your spouse’s benefits.
You are at least 50 years-old and you are disabled and that disability began either before your spouse died or within seven years of your spouse’s death. In this case you will receive about 70 percent of your departed spouse’s benefits.
You are a minimum of 60, but you haven’t yet reached retirement age. In these cases, you may be eligible for between 70 and 99 percent of your spouse’s benefits.
You are of full retirement age. In this case, you may expect to receive100 percent of your spouse’s SSDI benefits.

However, nothing with government is ever straightforward. As such, there are important exceptions that could impact your eligibility.

To begin, if you have remarried before you turned 60 years-old, you won’t be able to receive your deceased spouse’s benefits. However, if you get married again after age 60 (or after age 50, yet you yourself are disabled) your benefits won’t be affected.

Secondly, if you are entitled to your own retirement benefits, you will be allowed to choose between that and your former spouse’s SSDI benefits – whichever one happens to be more.

Also, widow benefits for those under 50 who had been receiving the benefits due to care of a minor child will usually find those benefits cut off by the time the child turns 16. The exception would be if the child is disabled as well.

You’ll want to consider as well that if you are working, your SSDI survivor benefits are probably going to be reduced, but it will largely depend on how old you are and how much you earn.

And finally, in order to be eligible to receive these benefits, the government usually requires that your marriage have lasted for a minimum of nine months. There have however been exceptions made in cases where a person died a violent or unexpected death, such as in a car accident.
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