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FAQs

Disabled Widow(er)s Benefits.

Effective January 1, 1991, section 1634(d) of the Social Security Act was amended so that any former SSI eligible widow(er) who:

    • Would continue to be eligible for SSI benefits or SSP but for their Title II benefits;
    • Received an SSI/SSP benefit the month before their Title II payments began; and
    • Is not entitled to Medicare Part A,

will be considered by the State to be an SSI/SSP recipient for Medicaid purposes until they become entitled to Medicare Part A.

This provision does not “sunset”; it is permanent. SSA notifies members of this group as they become ineligible for federally administered payments due to excess income and notifies the 1634 States as these cases occur through the State Date Exchange (SDX).

NOTE: When a former SSI recipient is found entitled to DWB benefits, all months on the SSI rolls at any time are credited concurrently against the 5-month disability waiting period and 24-month Medicare Qualifying Period. The months counted go from the first month of any (including prorated) payment to the month of DWB entitlement. All months are counted, including months of nonpayment, suspension and termination for any reason. Since the Disability Determination Services adopt the SSI medical decision for these cases, a DWB who received as little as one payment from SSI more than two years ago and meets the non-disability entitlement factors can become entitled to Title II and Medicare Part A with no waiting period.

Example of How Disabled Widow’s Benefit Applies:

Katherine has never worked. She applied for SSI six months ago when she became disabled. She was receiving an SSI payment in the amount of $579 when her ex-husband, Hal, died. Katherine applied for benefits on Hal’s record as a Disabled Widow, and was awarded. Katherine’s benefit was $759 per month, and she was no longer eligible for SSI because of her unearned income. The state Medicaid agency must exclude all of Katherine’s Disabled Widow’s benefit when making a determination about Katherine’s eligibility for benefits. Note that Disabled Widow’s Benefits differ from SSDI and Childhood Disability Benefits because the ability to exclude the income ends as soon as a disabled widow or widower becomes entitled to Medicare.

POMS Resources:

FAQ Disclaimer: The VCU-BARC FAQ Pages are general information provided as a public service. The contents do not necessarily represent the policy, interpretations or opinion of the Social Security Administration (SSA). The information contained here is intended to inform readers of issues that may affect Social Security and/or other public assistance benefits. Because individual circumstances differ, the reader should not rely on any information here as being specifically applicable to an individual's situation.