I-2-2-97.Sample Language Which May be Appropriate in the Notice of Hearing – Adding a Disabled Widow(ers) Benefit (DWB) Case to the Notice of Hearing

Last Update: 7/25/22 (Transmittal I-2-246)

A. Disabled Widow(er)s Insurance Benefit Language – Widow or Widower

The hearing also concerns your application of (INSERT APPLICATION DATE), for Disabled (INSERT Widow's or Widower's) Insurance Benefits based upon disability under section 202(e) of the Social Security Act (Act), as amended. To decide your case, I will consider whether:

  • The deceased had enough earnings under Social Security to be fully insured;

  • You qualify as the deceased's widow(er);

  • You are age 50 or older;

  • You have a disability as defined in the Act; and

  • Your disability began on or before the end of the prescribed period set by law.

This period begins with the later of:

  • The month of the number holder's death; or

  • The last month of your prior entitlement to DWB based on a disability; or

  • The last month you were entitled to a survivor's benefit on the number holder's record.

This period ends with the earlier of:

  • The month before you turn age 60; or

  • 7 years after the period began.

NOTE:

Spanish language translation of HALLEX I-2-2-97 A can be found HERE.

B. Disabled Widow(er)s Insurance Benefit Language – Surviving Divorced Spouse

The hearing also concerns your application of (INSERT APPLICATION DATE), for Disabled (INSERT Widow's or Widower's) Insurance Benefits based upon disability under section 202(e) of the Social Security Act (Act). To decide your case, I will consider whether:

  • The deceased had enough earnings under Social Security to be fully insured;

  • You qualify as the deceased's surviving divorced spouse;

  • You are age 50 or older;

  • You have a disability as defined in the Act; and

  • Your disability began on or before the end of the prescribed period set by law.

This period begins with the later of:

  • The month of the number holder's death; or

  • The last month of your prior entitlement to DWB based on a disability; or

  • The last month you were entitled to a survivor's benefit on the number holder's record.

This period ends with the earlier of:

  • The month before you turn age 60; or

  • 7 years after the period began.

NOTE:

Spanish language translation of HALLEX I-2-2-97 B can be found HERE.