4.2 Google RatedAt Pekas Smith Disability Attorneys, we’re proud to serve Southern Arizona with experienced legal support for those seeking disabled widow insurance benefits in Tucson. If you’ve lost your spouse and are now facing financial stress and declining health, we’re here to help you pursue the support you’re entitled to—whether that’s through Social Security disability insurance, supplemental security income, or survivor benefits based on your spouse’s work history.
As seasonedTucson disability attorneys, we guide surviving spouses through every step, from filing the initial application to representing you before an Administrative Law Judge or the United States District Court if necessary. You don’t have to do this alone.
Full-Service Legal Help for Benefits for Disabled Widows and Widowers
Losing a spouse is never easy, and when you’re also coping with a disability, kidney disease, injury, or conditions like heart failure or lung cancer, the burden can feel overwhelming. Our team understands that grief, health concerns, and questions about taxes, employment, and healthcare only add to the stress.
We help you explore every available avenue for support, including:
- Evaluating your eligibility for disability insurance and DWIB
- Reviewing your medical record and compiling evidence to support your claim
- Filing your application and managing all communication with the Social Security Administration (SSA)
- Appealing denied claims, including preparing for hearings before an Administrative Law Judge
- Assessing the impact of life changes such as divorce, remarriage, or becoming a veteran or caregiver
Representing you well means understanding the entire situation. When you lose a spouse, our lawyers can provide you with compassionate help. Whether you’re struggling with fatigue, managing a chronic illness, or navigating the emotional toll of loss, our legal team offers clarity, compassion, and results.
Understanding Eligibility for Disabled Widow Insurance Benefits in Tucson
You may be eligible to receive monthly DWIB payments based on your late spouse’s earnings if:
- You are between 50 and 60 and disabled, with your condition preventing substantial gainful activity
- Your spouse had sufficient work credits for Social Security
- You were married for at least nine months before your spouse passed away
- You can provide sufficient evidence and a complete medical record to prove your disability began before or within seven years of your spouse’s death
Remarriage before age 50 may disqualify you, but remarriage after age 50 (and after becoming disabled) might not. Factors like your employment status, household income, and other benefits like life insurance or Medicare may also impact your case.
The type of benefits you should apply for depends on your age. Social Security survivor benefits can start at age 60. Your own retirement benefits may be better than survivor’s benefits, and they may start at age 62. The right course of action depends on your circumstances.
We’ll help you weigh the pros and cons of applying for supplemental security income, DWIB, or other survivor benefits, including whether you’re also eligible for compensation or benefits as a veteran or caregiver.
Why Work With Pekas Smith Disability Attorneys?
Our firm has represented over 10,000 individuals across Arizona in Social Security matters.Our team of attorneys brings unmatched dedication to each case and offers flexible consultations—in-person, by phone, or online. From a first-time filing to a denied application, we can help.
If your claim becomes a lawsuit or reaches the federal courts, we’re prepared to fight for your rights. From understanding how DWIB may affect your Medicare eligibility to how survivor benefits fit into your overall financial picture, including cost-of-living increases and lump-sum payment options, we’re your trusted advocate.
Contact a Tucson SSD Lawyer Today
If you’re ready to discuss your eligibility for Disabled Widow Insurance Benefits in Tucson, contact Pekas Smith Disability Attorneys in Tucson. We offer free consultations, and you pay nothing unless we win your case.
Contact us today or send us an email to get started. You don’t have to face this journey alone—we’re here to help you move forward with the benefits and security you deserve.
Frequently Asked Questions
When a husband dies, does the wife get his disability?
Not exactly. The wife or husband of a deceased spouse may receive survivor benefits, or they may qualify for benefits based on their spouse’s work history. The spouse must meet the qualification requirements.
I care for the deceased’s minor child. Can I receive benefits?
Benefits are payable to a surviving spouse who cares for a child under age 16. The spouse does not have to be over the age of 50.
What happens when a spouse on disability dies?
If a spouse on disability dies, you must inform the Social Security office of their death. You may qualify to receive survivor benefits, but you need to submit the necessary information to convert your benefits or apply for your own benefits.
Can a disabled person get survivor benefits?
At age 60, a widow or widower may receive Social Security survivor benefits. If they are disabled, they may be eligible to receive benefits as early as age 50.
Can I receive retirement benefits and disabled widow insurance benefits in Tucson?
Yes, you may be eligible for both, but you generally cannot receive full disabled widow insurance benefits in Tucson and retirement benefits at the same time. If you’re between the ages of 50 and 60 and have a qualifying disability, you might receive DWIB based on your late spouse’s work record. At age 60, you could qualify for survivor retirement benefits, and at 62, your own retirement benefits may become available. Our attorneys can help you evaluate which option provides the greatest financial support based on your unique circumstances.
