Q: My husband became disabled Nov. 1, 2008. Then he died in January. I heard there is a five-month waiting period for Social Security disability payments. Does this mean I cannot get any posthumous disability benefits on his Social Security record?

A: You have every right to file a Social Security disability claim on your husband's behalf even though he is deceased. If the claim is approved, any benefits he might have been due prior to his death could be paid to you.

However, based on the information you provided, I don't think you should expect his disability claim to be approved. You are right; the law does stipulate that a person must be disabled for five full months before Social Security begins making disability payments.

You cited a very specific date when you claim he became disabled: Nov. 1, 2008. That makes it sound like there might have been some sudden or traumatic incident, like a heart attack or an accident. And because he died within five months of that date, no Social Security benefits would be due.

However, if you think there is a chance that medical personnel could establish an earlier "onset date" for your husband's disability, that would improve your chances of getting some retroactive disability benefits on his record.

Also, bear in mind that you are potentially due Social Security survivor's benefits. If you are 60 or older, you could be eligible for regular widow's benefits right now. If you are under age 60 but have minor children still at home, they could we due monthly Social Security benefits and you would be due what SSA calls "mother's benefits."

Q: My mother filed for disability benefits in February. Her claim was still pending when she died a month ago. What happens now?

A: Your situation is slightly different from the scenario presented in the first question because your mother actually filed for disability benefits before she died. Continued...