Disabled Widow’s Benefits (DWB)
If you are a disabled widow, widower, or surviving divorced spouse, you may be eligible for disability benefits if you meet the following requirements and are at least 50 years of age with an impairment(s) that:
1. Keeps you from performing any kind of substantial gainful activity;
◦ Substantial gainful activity, or (SGA), is defined as work activity that is both substantial and gainful. “Substantial work activity” is work activity that involves doing significant physical or mental activities. “Gainful work activity” is work that is usually done for pay or profit, whether or not a profit is realized. Generally, if an individual has earnings from employment or self-employment above a specific level set out in the regulations, it is presumed that he or she has demonstrated the ability to engage in substantial gainful activity. If an individual engages in SGA, he or she is not disabled regardless of age, education, and work experience.
2. Have lasted, or be expected to last, for at least 12 months or result in death; and
3. Have started before the end of a special period, which is the latest of:
◦ the month your spouse passed away;
◦ the month your Social Security benefits as a parent ended, or
◦ the month your earlier period of widow(er)’s disability ended.
* The special period ends at the close of the 84th month (7 years) after the month it started.
If you believe you may qualify for disabled widow’s benefits and would like to speak with an attorney, call the office of Michael Monce at (859)-344-8090.