Work out what you are entitled to
On your own record, on your late spouse's, or both. Sometimes the answer is that one is worth considerably more than the other.
Social Security Disability
Widow's and Widower's Benefits
You may be able to draw on your late spouse's record. A great many people who are entitled to this never claim it.
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Two situations, and most people have heard of neither.
You may qualify to draw off of your deceased spouse in certain situations. If you are 60 or older and do not work, you can draw off your spouse. If you are between age 50 and 59, you may qualify to draw off of your deceased spouse if you are found disabled under the medical-vocational guidelines. We can help you obtain these benefits.
That is the firm’s own summary, and it is worth reading twice, because the second half is the part almost nobody knows about.
Most people have some sense that a surviving spouse can claim at retirement age. Far fewer know that a widow or widower who is disabled may be able to claim from 50, years earlier, on the strength of their late husband’s or wife’s work record rather than their own.
Who this page is for
Your husband or wife has died, and either you are 60 or over and not working, or you are between 50 and 59 and cannot work because of your own health.
- 60 and over And not working. A claim on their record.
- Between 50 and 59 If you are found disabled as well.
- Their record, not yours Your own work history may not matter.
- No fee unless we win Paid from back pay, never up front.
Why this gets missed
Three reasons come up again and again in these calls.
People assume their own work record decides everything
A surviving spouse with little or no work history of their own often concludes there is nothing available. The point of this benefit is that it draws on the record of the person who died.
People assume disability benefits are for people who worked recently
A widow or widower in the 50 to 59 band is being assessed for disability, but against their late spouse’s insured status rather than their own. Somebody who has been out of the workforce caring for a family can still qualify.
Nobody mentions it
It is simply not well known, and it is not routinely raised at the point people are dealing with a death. Years can pass before somebody hears about it.
What we do
The same service as any other disability claim, applied to this one.
File the claim
Prepared and submitted by us, with the marriage and death documentation Social Security requires.
Build the medical case
Where the claim is in the 50 to 59 band, a disability finding is needed, and that is the same evidence exercise as any adult disability claim.
Deal with the timing
When you claim can change what you receive, in both directions. It is worth asking before filing rather than afterwards.
Questions
Questions about widow's benefits
General information, not legal advice. Every case turns on its own facts. The only way to know where yours stands is to have someone look at it.
I have hardly worked. Does that rule me out?
No, and this is the most common reason people do not call. The claim is made on your late spouse’s work record, so your own earnings history is not what qualifies you.
I am already receiving my own benefit.
You may still be able to claim on your spouse’s record if it produces more. Social Security does not generally pay both in full, and working out which is worth more, and when to switch, is part of the advice.
I have remarried.
Remarriage can affect entitlement, and the effect depends on your age when it happened. It is not automatically a bar, and it is worth asking rather than assuming.
My spouse died several years ago.
That does not necessarily prevent a claim now. Whether any back payment is available is a separate question from whether you can claim going forward, and both are worth establishing.
What does it cost?
Nothing up front. The fee is paid from past-due benefits if the claim succeeds and must be approved by Social Security. If nothing is awarded there is no fee.
What we charge
Our fees are set by federal statute, are contingency only, and are the lesser of 25% not to exceed the statutory maximum of $9,200.
There is nothing to pay up front and nothing to pay if the claim does not succeed. The fee comes out of past-due benefits when they are awarded, and it has to be approved.
If your condition is not one of these
The conditions we have written about are the ones we are asked about most often. They are not the only ones that qualify, and the list is not a test you have to appear on.
A disability claim is decided on what your conditions do to your ability to work, not on the name of the diagnosis. Several problems that are each manageable on their own can add up to something that is not, and that combination is frequently the strongest part of a claim.
If what you have is not on this site, that tells you nothing about your claim. Tell us what you have been diagnosed with and what it stops you doing, and we will tell you honestly whether it is worth pursuing.
Other Social Security Disability pages
The rest of this practice area, in case your situation fits one of them better.
All Social Security Disability
SSDI denials, appeals and hearings.
Initial Applications
We prepare and file the whole claim. Most clients start here.
SSDI vs SSI
Two different programs, two different sets of rules.
Disability Appeals
What to do when the claim comes back denied.
Disability Hearings
The hearing in front of the judge, and how we prepare you for it.
SSI Children's Cases
Benefits for a child whose disability affects how they function.
Back Injuries & Spine Conditions
Qualifying with a spine condition, where function decides it.
Neck Injuries & Conditions
Cervical claims turn on the hands and arms, not the back.
Cancer
Some diagnoses qualify outright. Others turn on what treatment left behind.
COPD & Respiratory Conditions
Breathing test values, and the day the test was taken.
Depression & Anxiety Disorders
Assessed on functioning across a working week, not on a diagnosis.
PTSD
Reactivity and avoidance, and why the workplace itself is the barrier.
Multiple Sclerosis
A fluctuating illness, assessed on a single day. Closing that gap.
Heart Disease
Measured exertion, and the difference between stable and employable.
Stroke
What is left when recovery stops, and when to make the claim.
Bipolar Disorder
The cycle decides it. Well periods are read as capacity.
Arthritis
Which joints. Ones you stand on and ones you work with.
Amputations
The prosthesis, not the amputation, is what gets argued about.
The three areas we handle
One incident can open more than one claim, and they are handled together here.
Client Reviews
What our clients say
If I could give a MILLION PLUS stars I DEFINITELY would!! I contacted Mr. Steve Casper to handle my SSI case. I filed at first on my own and I was denied. He was VERY professional, honest and upfront about the clients he takes. He reassured me that I DID have a strong case. I got the news today that HE won my case for me!!!!
Kelly Bilbrey
Google Review
We cannot thank Casper and Casper enough for sticking with us through 4 years of back and forth to help our son (who has autism) receive his SSI benefits. From beginning to end we were treated with kindness. They were very thorough and made sure we understood the process and what we would face along the way. The relief we have received is immense.
joanna powers
Google Review
Casper x3 were a lifesaver. I chose them because they practice in our region and understand what exactly I needed. I did not want someone from out of town. Their team from top to bottom helped me in my SSDI case. I tried it first on my own and was denied. Having decades of SSDI and court experience, Robin Partin helped me from step to step to go thru the process and had my back 100% in the hearing.
Daniel Ethridge
Google Review
Steve Casper was VERY professional. Very compassionate. He explained things in an easy to understand way. He took my case after a previous firm dropped me in a very hurtful unprofessional way. He got my disabilty case approved from the very beginning. Steve is worth EVERY penny. I now will have my monthly payments to survive with my conditions and back pay to boot.
Jen Jen
Google Review
Steve Casper and Ben were amazing! They literally did all the work for me and I only had to fill out a few forms. I won my case and absolutely could not have done this without them! They are very professional and kind. I was very nervous about this whole process but their words of encouragement helped me a lot!
dragonmastergirl
Google Review
I highly recommend for anyone dealing with the disability process to contact Casper, Casper & Casper. Steve Casper along with Ben Hite were VERY helpful in the entire process. If I a had any questions or concerns; they had the answers and reassured me everything would be okay. They worked diligently on my case for months and I was FINALLY approved. This team of attorneys WILL help fight for you as they have for me.
Kimberly Moore
Google Review
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