Also known as DWIB, Disabled Widower Insurance Benefits are offered through the Social Security Administration. These benefits assist widows or widowers of deceased workers who qualified for Social Security credits and earned enough of these credits during their lifetime to pass on benefits to their surviving spouse. If you believe that you may qualify for this program, it is worth exploring the possibilities alongside an attorney who has an understanding of elder law, estate planning, and various social security programs. With their help, you may qualify for this vital source of financial assistance.
Here are a number of common questions and answers associated with DWIB:
- Who Qualifies for DWIB?
If you are disabled, between the ages of 50 and 60, and have lost a spouse who (due to their employment history) has earned enough social security credits, you may qualify for disabled widow(er) payments from the Social Security Administration.
According to the SSA, “the claimant is considered the widow(er) of the deceased NH (Number Holder) if he or she meets the required conditions described in RS 00207.001. So what exactly are these “required conditions?”
There are three possible relationships that may meet the requirements for DWIB:
- Legal spouse of the NH
- Putative spouse of the NH
- Deemed spouse of the NH
The most obvious relationship is the legal spouse. This involves a valid marriage between the widow(er) and the NH, which is recognized under the laws of whatever state the marriage took place. Note that these state laws may vary.
A putative spouse is someone who still has inheritance rights associated with a marriage, even if that marriage has been voided. In other words, a spouse may still have certain rights to property after a divorce, and these rights may include access to DWIB. A putative marriage may also exist if the marriage becomes invalid for some reason. Note that you typically cannot remarry if you wish to file for DWIB under a putative marriage.
A deemed spouse may also apply for DWIB. This relationship is very similar to that of a putative marriage. A deemed marriage would have been valid if not for a legal impediment of some kind. The SSA defines a number of possibilities, including tribal or religious marriages. One might also go through a marriage ceremony without obtaining a marriage license. Another obvious example is when a prior marriage has not been dissolved.
- How Do I Prove My Relationship to the Number Holder?
You may need to prove that you had a valid relationship with the NH. If you are filing as a widow(er) of a spouse in a legal marriage, this may be as simple as showing your marriage certificate. Things may become a little more complex if you are filing under the other relationships, including putative marriages and deemed marriages.
It’s important to note that you may qualify as a widow(er) if you had a child with the Number Holder. This means that if you cannot prove that your marriage was valid, you still may have a chance of pursuing these benefits by simply showing that you are the legal parent of the Number Holder’s child. Adopted parents may also apply under this standard, and it often makes sense to do so rather than trying to establish the legitimacy of a deemed or putative marriage instead.
- Are There Any Time Limits Associated With DWIB?
Under SSA regulations, you must have been married to the Number Holder for at least nine months in order to qualify for DWIB. Another important time limit to consider is the seven-year deadline to apply for these benefits. If seven years pass after the death of your spouse, you may be ineligible for these benefits. This seven-year window is called the “prescribed period.” This should give you plenty of time to prove that you are eligible for these benefits and gather any necessary supporting documents.
This time limit may be extended under certain circumstances – most notably when the widow(er) is taking care of the child of the NH younger than 16. If you are taking care of children who are disabled, the age limit does not apply, as long as they are receiving SSDI benefits under the parent’s earning records. Another time constraint to consider is the five-month waiting period. This means that you must wait a certain period of time before you can start receiving benefits from the date of your application.
- How Much Will I Receive From DWIB?
It is possible to receive 100% of the deceased worker’s benefit amount under SSA if you are at full retirement age or older. You may also receive up to 99% of this benefit if you are between the ages of 60 and full retirement age. If you apply at age 50, you will be eligible for up to 71.5% of the total benefit. If you apply at any age while disabled or under the age of 16, you will receive 75% of the deceased worker’s total benefit.
- What Information Do I Need to Provide When Applying for DWIB
Each claimant may need to provide different information depending on their unique situation. That said, all claimants generally must provide the following information:
- Name
- Social Security Number
- The Number Holder’s Social Security number and name
- Proof of spouse’s death
- Your birth certificate
- Proof of US citizenship
- Marriage certificate
- Divorce papers
- Dependent children’s Social Security numbers
- W-2 forms
- Banking information
Where Can I Find a Social Security Attorney?
If you have been searching for a lawyer who can help with Disabled Widower Insurance Benefits, consider reaching out to the Elderly Care Law Firm. During your initial consultation, we can discuss your unique situation and determine whether you may qualify for DWIB. If you qualify, we can also help you apply for this program in a manner that increases the likelihood of acceptance. By reducing preventable mistakes and filing your application with our help, you can pursue this program with confidence and efficiency. We can also help you appeal any denied applications, allowing you to pursue financial assistance even if you have encountered roadblocks along the way. Book your consultation today to get started with an effective action plan.
