Losing a spouse is one of the most difficult experiences a person can face. Along with the emotional toll, many surviving husbands and wives are suddenly confronted with serious financial uncertainty.
For some Wisconsin residents, Social Security Disability and survivor benefits may offer an important source of stability during this challenging time. If your spouse paid into Social Security and you meet certain eligibility requirements—or if you have a qualifying disability yourself—you may be entitled to monthly benefits.
At Hein Law Office, we provide compassionate guidance through Social Security Disability Legal Services in Wisconsin, helping families understand their options and pursue the benefits they may be entitled to receive.
Who May Qualify for Widow or Widower Benefits?
Eligibility for survivor benefits depends on several factors, including your age, health, family situation, and your late spouse’s work history. In general, benefits may be available in the following situations:
- Disabled widows or widowers ages 50–59 may receive approximately 71.5% of their spouse’s benefit amount
- Any-age surviving spouses caring for a child under 16 or a child with a qualifying disability may receive 75%, even without having a disability themselves
- Surviving spouses between age 60 and full retirement age may receive 71.5% to 99% of the deceased spouse’s benefit
- At full retirement age, surviving spouses may receive 100% of their spouse’s benefits
Divorced spouses may also qualify in certain situations. Generally, the marriage must have lasted at least 10 years, and eligibility may depend on whether and when remarriage occurred.
In some cases, children or even dependent parents of the deceased worker may qualify for benefits as well. When multiple family members receive benefits, Social Security applies a family maximum, typically limiting total payments to 150%–180% of the deceased worker’s benefit amount.
Survivor Benefits and Disability Eligibility
Survivor benefits are not limited to families of workers who were receiving disability benefits. They may also apply if your spouse was receiving retirement benefits—or had earned enough work credits before passing away.
If you are a widowed spouse with health limitations, Social Security may require you to independently prove that you meet the disability standard. This includes showing that:
- Your medical condition is severe
- Your condition prevents you from performing substantial work
- Your limitations have lasted, or are expected to last, at least 12 months
You may need to submit medical records, physician reports, testing results, and detailed work history information. Supporting documents such as marriage certificates, death certificates, and tax records are also commonly required.
Many applicants also need help determining Do you qualify for Social Security Disability benefits under their own work record or whether survivor benefits provide greater financial support.
Why Legal Guidance Matters
Survivor and disability claims often involve overlapping rules and complex documentation. A small mistake or missed detail can delay benefits or result in a denial.
An experienced disability attorney can help you:
- Identify the best benefit option available
- Gather and submit the correct documentation
- Avoid unnecessary delays
- Appeal a denial if needed
At Hein Law Office, there are no upfront attorney fees. Legal fees are only collected if benefits are successfully awarded.
Frequently Asked Question
Can widows and widowers receive Social Security Disability benefits in Wisconsin?
Yes. Widows and widowers may qualify for survivor benefits based on a deceased spouse’s work record, and some may also qualify for Social Security Disability benefits if they have a qualifying medical condition.
Hein Law Office, LLC
