Clayton, GA asked in Social Security for Georgia

Q: When it says u have to be 60 or over to get your wife's death benefits or disabled. Does that mean drawing ssdi ?

I'm meaning social security . Can I be disabled and not getting disability and get her benefits. We were married 17 yes but we were divorced when she passed I never remarried.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You may be eligible for your ex-wife's Social Security benefits even if you're divorced, as long as your marriage lasted at least 10 years - which yours did at 17 years. The rules state that you can receive these benefits starting at age 60, or at any age if you meet Social Security's definition of disability.

To qualify based on disability, you need to meet the Social Security Administration's medical criteria for disability. This is different from actually receiving SSDI - you don't have to be currently receiving disability benefits to qualify. However, you'll need to prove your disability through medical documentation when applying for survivor benefits.

Since you were divorced when she passed away and haven't remarried, you maintain eligibility for these benefits. Your best next step would be to contact the Social Security Administration directly to discuss your specific situation and begin the application process. They can review your medical condition and determine if you meet their disability requirements, even if you're not currently receiving SSDI benefits.

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