A comprehensive guide to eligibility and requirements for claiming benefits as a surviving divorced spouse
In this blog post, we will discuss the requirements and eligibility criteria for claiming widow’s or widower’s benefits as a surviving divorced spouse according to § 404.336. This comprehensive guide will help you understand the conditions that must be met to become entitled to these benefits.
Key Requirements for Entitlement:
- Relationship Criteria (§ 404.336(a)):
- You were validly married to the insured under State law or deemed to have been validly married.
- You were married to the insured for at least 10 years before your divorce became final.
- Application (§ 404.336(b)):
- You must apply, except in specific cases outlined in paragraphs (b)(1) through (4) of this section.
- Age and Disability (§ 404.336(c)):
- You are at least 60 years old or at least 50 years old with a disability as defined in § 404.1505.
- Old-Age Benefit Limitations (§ 404.336(d)):
- You are not entitled to an old-age benefit equal to or larger than the insured person’s primary insurance amount.
- Marital Status (§ 404.336(e)):
- You are unmarried, unless you meet certain conditions in paragraphs (e)(1) through (3) of this section, such as remarriage after the age of 60.
Conclusion: Navigating the complexities of widow’s or widower’s benefits as a surviving divorced spouse can be challenging. By understanding the eligibility criteria and requirements set forth in § 404.336, you can make informed decisions about your entitlements and ensure you receive the benefits you’re entitled to.
https://www.ssa.gov/OP_Home/cfr20/404/404-0336.htm
At Hugo Fierro & Michael Perez, we specialize in providing comprehensive guidance on matters pertaining to social security disability claims. Our team is equipped with the expertise to assist you in understanding the intricacies involved in the process, ensuring that you receive the support you need.