SURVIVING SPOUSE BENEFITS
Have You Lost a Spouse? You May Be Entitled to Benefits. We Can Help.
Losing a spouse is an incredibly difficult experience, both emotionally and financially. In addition to dealing with grief, you may be facing uncertainties about how to cover living expenses, medical bills, and future financial security. Many surviving spouses are entitled to benefits that can provide crucial financial support, but navigating the legal and bureaucratic process to claim them can be overwhelming.
At Markey Law Partners, we understand the challenges you’re facing. Our experienced attorneys help surviving spouses access the benefits they deserve, guiding you through the application process and fighting for your rights when necessary. Whether you’re applying for Social Security survivor benefits, veterans’ benefits, or a pension claim, we are here to make sure you receive the full compensation you are entitled to.
Types of Surviving Spouse Benefits
There are various forms of financial assistance available to surviving spouses, depending on their circumstances. Common benefits include:
- Social Security Survivor Benefits
If your spouse worked and paid into Social Security, you may be eligible to receive survivor benefits based on their earnings record. These benefits can provide monthly payments to help with financial stability. Eligibility depends on factors such as:
- Your age at the time of your spouse’s passing
- Whether you have dependent children
- Your own work history and benefits
- Pension and Retirement Plan Benefits
Many employers offer pension plans that provide benefits to surviving spouses. The terms and eligibility requirements vary depending on the specific plan, but these benefits can provide long-term financial security. Common pension survivor benefits include:
- Private employer pensions – Some companies offer lifetime payouts to surviving spouses.
- Government and military pensions – Spouses of federal, state, or military employees may qualify for survivor benefits.
- Veterans’ Benefits
If your spouse served in the U.S. military, you may be entitled to Dependency and Indemnity Compensation (DIC) or a Survivors Pension through the Department of Veterans Affairs (VA). These benefits can provide monthly financial support to eligible surviving spouses.
- Workers’ Compensation Death Benefits
If your spouse passed away due to a work-related injury or illness, you may qualify for workers’ compensation death benefits. These benefits typically include:
- A portion of your spouse’s lost wages
- Funeral and burial expenses
- Potential lump sum payments in certain cases
Who Qualifies for Surviving Spouse Benefits?
Eligibility for these benefits depends on several factors, including:
✅ Marital Status – In most cases, you must have been legally married at the time of your spouse’s death. Some benefits also extend to common-law spouses in certain states.
✅ Duration of Marriage – Some benefits, such as Social Security survivor benefits, require that the marriage lasted at least nine months before the spouse’s passing.
✅ Age and Dependency – Your eligibility may depend on your age, whether you are caring for dependent children, or if you have a disability.
✅ Remarriage – In certain cases, remarriage can affect your ability to receive benefits. However, exceptions may apply based on your age or the type of benefit.
If you’re unsure whether you qualify, our attorneys can review your case and determine your eligibility for various benefits.
How to Apply for Surviving Spouse Benefits
Applying for benefits can be a complex process, requiring documentation and strict adherence to deadlines. Here’s what you need to do:
- Gather the Necessary Documents
Most applications require:
✔ Marriage certificate
✔ Death certificate of your spouse
✔ Your spouse’s employment or military records
✔ Social Security numbers for both spouses
- File the Appropriate Applications
Depending on the type of benefit, you may need to apply through agencies such as:
- The Social Security Administration (SSA) for survivor benefits
- The Department of Veterans Affairs (VA) for military-related benefits
- Your spouse’s employer or pension plan administrator for retirement benefits
- Meet Important Deadlines
Some benefits have strict time limits for filing claims. Missing a deadline could result in delays or denials, which is why having a legal professional on your side is critical.
- Appeal a Denied Claim If Necessary
If your claim is denied, don’t lose hope. Many denials happen due to incomplete paperwork, technical errors, or misunderstandings about eligibility. Our attorneys can help you appeal the decision and fight for the benefits you deserve.
Why You Need a Lawyer for Surviving Spouse Benefits
The process of claiming surviving spouse benefits can be confusing, time-consuming, and frustrating—especially when dealing with government agencies and insurance companies. Hiring an experienced attorney can make all the difference in securing your financial future.
At Markey Law Partners, we:
🔹 Help you understand which benefits you qualify for
🔹 Handle the paperwork and ensure all forms are properly completed
🔹 Represent you in appeals if your claim is denied
🔹 Protect your rights and fight for the maximum benefits available
FAQs About Surviving Spouse Benefits
Even without a will, you may still be entitled to surviving spouse benefits. However, the probate process may be necessary to claim certain assets.
Separation may affect eligibility for some benefits, but in many cases, you can still qualify—especially for Social Security and pension benefits.
It depends on the benefit. Social Security survivor benefits, for example, may be impacted if you remarry before age 60. Our attorneys can evaluate how remarriage might affect your case.
Let Markey Law Partners Help You Secure Your Benefits
At Markey Law Partners, we are dedicated to helping surviving spouses claim the benefits they deserve. Whether you’re applying for the first time or need help appealing a denied claim, we are here to provide the legal support you need.
📞 Call us today at 877-488-2667 for a free consultation, or fill out our online contact form to get started.
💼 Markey Law Partners – Protecting Your Financial Future After Loss.
Practice Areas
- BOSTON LAWYER FOR FILING AFTER A WORKERS COMPENSATION DENIAL
- Boston Lawyer For Disability in Workers Compensation Cases
- Boston Lawyer for Employer Retaliation From Workers Compensation
- Boston Lawyer for Worker Comp Claims from Burns
- Boston Pre Existing Conditions and Workers Compensation
- Boston Workers Compensation Lawyer for a Brain Injury
- Boston workers compensation lawyer for head injuries
- Dont Sign Massachusetts 105 Workers Compensation Form
- Temporary Total Disability Section 34 Benefits
- Partial Disability Section 35 Benefits
- Permanent and Total Disability Section 34A Benefits
- Medical Expenses Under Massachusetts Workers Compensation
- Surviving Spouse Benefits
- Permanenet Loss of Function Benefits
- Scarring and Disfigurement Benefits
- Section 28 Double Compensation Employers Misconduct
- Union Workers Compensation RIghts Prevailing Wage
