Legal Question in Social Security Law in Florida
Disability benefits and widow's benefits
I am a widowed 60 year old woman with a 9 year old son. I am currently collecting mother's benefits. However I have becomed disabled and am entitled to disability benefits. Do I lose my mother's benefits if I have to take the social security disability benefits?
1 Answer from Attorneys
Re: Disability benefits and widow's benefits
A person who is entitled to more than one kind of benefit, where one of those is a disability benefit, will receive the disability benefit plus the difference between the disability benefit and the higher other benefit. (You will not receive all of both of them.) If your mother's benefit is higher than your disability benefit, you will get the disbility benefit plus a check for the difference, so that you will receive the same amount as you would under the mother's benefit alone. If the mother's benefit is lower than your disability benefit, you will just get the disability benefit and no other check. The idea is to get the disability first, because it will provide you with Medicare benefits in the 25th month of eligibility.