A surviving spouse is entitled to social security disability benefits on the injured worker’s earning record if the following requirements are met:
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A spouse may receive benefits based on the injured worker’s earning record if the following criteria are met:
1. The injured worker is receiving social security disability or retirement benefits;
2. The spouse must have been married to the disabled worker for at least 10 years; and
3. The spouse is at least 62 years old.
The spouse who elects to collect spousal benefits before their full retirement age will be subjected to the early retirement penalty, unless they are caring for at least one of the children of the disabled worker who is under the age of 16 or disabled.
If you have questions regarding social security disability benefits, please contact Meyer, Puklich & Merriam, P.L.C. for a free initial consultation at (952) 249-0111. In addition to social security disability, our firm also handles personal injury and workers compensation claims. We are conveniently located in the southwest suburb of Eden Prairie near Minneapolis and sever not only the Twin Cities area, but the entire State of Minnesota.