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Can A Surviving Spouse Get SSDI Benefits in South Carolina?

Can A Surviving Spouse Get SSDI Benefits in South Carolina?

| Apr 24, 2013

The emotional toll when a spouse dies can be overwhelming, but the financial hardship can be almost as trying sometimes. If your husband or wife was receiving Social Security Disability Insurance benefits in South Carolina, you could qualify for survivor benefits after his or her death.

When you might qualify for survivor benefits There are several life circumstances that could qualify you for survivor disability benefits in South Carolina.
  1. Guardian to a child: If you are the primary caretaker for a child you were raising with your deceased spouse and the child receives survivor benefits, you could qualify for 75 percent of your deceased spouse's disability benefit.
  2. Disabled: If you are disabled and older than 50, you could qualify for 71.5 percent of your deceased spouse's disability as long as your disability started before or within seven years of your spouse's death.
  3. Age: If you are older than 60, but under retirement age, you could qualify for 71.5 to 99 percent of your deceased spouse's disability benefit.
  4. Retirement: If you are retirement age and do not qualify for your own Social Security retirement benefit or the benefit is less than your deceased spouse's benefit, you could receive 100 percent of your spouse's disability benefit in South Carolina.
Exceptions There are exceptions to the rules and limitations for spouses who can qualify for survivor benefits. There are a lot of things a surviving spouse can do to cancel benefits and many instances when the benefits will simply expire.
  • If you're caring for a child you were raising with your spouse, your SSDI survivor benefits will expire when the child turns 16 unless the child is also disabled.
  • If you reach retirement age and your own retirement benefit is greater than your survivor benefit, you can choose the larger amount, but can't receive both.
  • If you remarry before the age of 60, you will no longer receive survivor SSDI benefits unless you are also disabled, in which case you can remarry at 50 and still keep your survivor SSDI benefits.
  • If you were married for less than nine months, you will not qualify for survivor SSDI unless your spouse died accidentally.
Working You can work and receive South Carolina survivor SSDI benefits, but there are a lot of limitations on how much you can work and at what age.
  • If you make more than $14,640 a year working, your survivor benefit could be reduced by half of your income over the limit.
  • The reduction is not permanent and the money will be added back into your benefits when you reach full retirement age.
  • If you are already full retirement age, you can work as much as you like and still receive the full survivor benefit. There is no limit to how much you can earn if you are full retirement age.
Get more information If you have questions about how SSDI survivor benefits work and how you can get the money you need, contact the experienced South Carolina disability team at George Sink P.A. Injury Lawyers. We have offices throughout the state and are always available to answer questions.  
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