Losing a spouse is one of the most devastating experiences anyone can go through. But for our client – a 53-year-old woman from Royal Oak, Michigan – the grief didn’t stop there. Already struggling with serious health issues, she suddenly found herself facing the future alone, without income, and unable to work due to her disabilities.
When she came to Disability Law Group, she was overwhelmed and not sure where to turn. Like most people do, she asked Google which attorney would be best to help her with her disability case, and, thankfully, landed on Disability Law Group. She knew she didn’t want to go at this alone anymore.
Her list of diagnoses was long and complex, including:
Sleep Apnea, Fibromyalgia, Post-Traumatic Stress Disorder (PTSD), Chronic Fatigue, Anxiety, Depression, Attention-Deficit/Hyperactivity Disorder (ADHD), Asthma, Hashimoto’s disease (a chronic thyroid condition), Osteoarthritis with erosion in both hands, Scoliosis, a Bulging Disc, Insomnia, and Undifferentiated Connective Tissue Disease. On top of all that, she had survived a heart attack (STEMI)—a serious cardiac event that made recovery even more difficult.
Despite the severity of her symptoms, she wasn’t eligible for Social Security Disability Insurance (SSDI) based on her own work record. That’s when our team stepped in and identified a different, often misunderstood, path to benefits: Disabled Widow’s Benefits (DWB).
What Are Disabled Widow’s Benefits (DWB)?
Disabled Widow’s Benefits (DWB) are a special type of Social Security benefit that allows a disabled surviving spouse to draw benefits off of their deceased spouse’s earnings record, rather than their own. Many people don’t even realize this is an option—but for individuals who did not work enough to qualify for SSDI themselves, DWB can be life-saving.
To qualify for DWB, an individual must:
- Be at least 50 years old;
- Have a disability that began before or within 7 years of their spouse’s death (if between ages 50 and 60, as you do not have to prove disability if you are over the age of 60);
- Be unmarried; and
- Be the surviving spouse of a worker who was fully insured under Social Security.
In this case, our client met all the requirements—and more. She was battling both physical and mental impairments that interfered with every aspect of daily life. Getting approved would not only provide her with monthly financial support, but also Medicare coverage, which was critical for accessing the care she needed – from continuing to see her specialists as well as cover medications and treatment.
How Disability Law Group Won Her Case
At DLG, we leave nothing to chance. Our legal strategy is always tailored, detailed, and aggressive when it needs to be. No two cases are the same, just like no two people are the same. For this case, the road to success was carefully mapped out by our legal team and executed step-by-step.
Here’s what we did:
✅ Collected & Organized Every Relevant Medical Record
We obtained complete medical documentation from every treating provider. With conditions like hers, it was important to show the longitudinal history—not just a list of diagnoses, but a consistent pattern of treatment, limitations, and attempts to manage her symptoms. From sleep studies and imaging for her disc issues and scoliosis, to rheumatology notes and mental health records, we built a full picture of how disabling her conditions truly were.
✅ Obtained a Detailed Medical Source Statement (MSS) from Her Doctor
We worked closely with her treating physician to secure a Medical Source Statement (MSS)—a powerful tool that clearly outlined her functional limitations. The form addressed her inability to sit or stand for extended periods, the impact of her fatigue and widespread pain, and—critically—the need for frequent rest periods and daily naps, which alone would eliminate all competitive employment among other symptoms and significant limitations she has.
✅ Documented Medication Side Effects Using Both Records & Literature
Our client was prescribed a long list of medications, including Escitalopram, Levothyroxine, Cyclobenzaprine, Clonidine, Amphetamine Salts, Wegovy, Zyrtec, and low-dose aspirin—each with the potential for side effects such as drowsiness, fatigue, dizziness, and cognitive slowing. We documented not only her reported symptoms, but also cited medical literature and FDA warnings that confirmed these effects. This helped connect the dots between her prescriptions and her inability to sustain full-time work.
✅ Drafted a Comprehensive Legal Brief & Prepared for Hearing
We submitted a fully developed brief to the judge before the hearing, laying out our legal argument, citing regulations and case law, and emphasizing how her combination of impairments—particularly the fatigue and cognitive side effects—prevented her from maintaining any gainful employment. We included a timeline of her medical history, outlined the DWB requirements she met, and previewed the key arguments and evidence.
✅ Thoroughly Prepared Our Client for Hearing
Hearing day can be intimidating, especially for someone with anxiety, depression, and PTSD. We took the time to prepare her extensively, walking her through the types of questions to expect and helping her explain, in her own words, how her daily life is impacted. This included examples like how long she can stand before needing to sit, how fatigue forces her to nap after taking medication, and how pain in her hands limits her ability to type or hold objects.
✅ Cross-Examined the Vocational Expert (VE)
At the hearing, we cross-examined the Vocational Expert (VE)—a specialist who testifies about available jobs someone can do based on their limitations. When we asked whether someone who needs to nap daily or take multiple unscheduled breaks could work, the VE testified clearly: “No, that would be work preclusive.” That moment helped seal the case.
✅ Delivered a Clear & Compelling Argument Before the Judge
Our attorney presented a strong closing argument to the Administrative Law Judge (ALJ)—one we’ve appeared in front of many times before. The judge was familiar with our legal team’s thoroughness, and after hearing our client’s testimony, the VE’s credentials and disabling testimony, and reviewing our records and legal brief, he agreed. The decision was fully favorable.
The Outcome
Our client was awarded $96,632 in retroactive benefits—a monumental win that reflects not just the lost income from years of disability, but also the validation she deserved. Most importantly, she now has ongoing financial support and Medicare coverage, giving her access to the treatments, medications, and providers she needs moving forward.
For someone who had spent years feeling dismissed and overlooked—both medically and legally—this approval brought not only relief, but much deserved justice.
When Grief and Disability Collide, You Deserve a Legal Team That Fights for You
At Disability Law Group, we know how overwhelming it can be to navigate the Social Security system—especially after the death of a loved one. If you’re over age 50, disabled, and lost your spouse, you may qualify for Disabled Widow’s Benefits, even if you never worked enough to qualify on your own.
We’ve helped thousands of clients across Michigan and beyond—just like this woman from Royal Oak—win life-changing benefits with dignity and compassion.
Call us today or visit DisabilityLawGroup.com for your free consultation. We’re here to listen. We’re here to help. And we’ll be with you every step of the way.
