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does marriage affect disability benefits

by Mr. Ellis Wilderman II Published 2 years ago Updated 2 years ago
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To receive SSDI, you have to fit the Social Security Administration's (SSA's) definition of disability, but you can be unmarried or married. Getting married won't ever effect SSDI benefits that you collect based on your own disability and your own earnings record.

Full Answer

How will getting married affect my SSI payments?

Social Security Disability Insurance (SSDI)

  • Children's Benefits. Children who receive SSDI benefits on the record of a parent will lose these benefits if they get married.
  • Widows and Widowers Benefits. Widows and widowers lose their SSDI benefits if they get remarried. ...
  • Divorced Spouse's Benefit. ...
  • Divorced Spouse's Survivors Benefit. ...

Do you lose Social Security disability if you get married?

If you are receiving benefits as the widow of a Social Security disability recipient, you will lose your benefit by getting married if you get married before age 60 (or age 50 if you are disabled). Ex-spouse's work record.

How does marriage affect my disability benefits?

Two people are married for SSI purposes if:

  • They are living in the same household and are married under the laws of their State;
  • They are holding themselves out as a married couple to the community in which they live; or
  • One is entitled, as the spouse of the other, to Social Security benefits.

Will I get my ex-husband's social security when he dies?

A: Yes, your spousal Social Security benefits you currently receive will convert to survivor benefits at the time of your ex-husband's death, according to David Cechanowicz, director of education at Social Security Timing.

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What happens if you are on Social Security disability and you get married?

If you and your spouse both get SSI, your benefit amount will change from an individual rate to a couple's rate.

Should a person with a disability get married?

If you are receiving Social Security disability benefits under your own work record (meaning you are the disabled worker), then getting married will not affect your benefit payments. This is the case no matter whether your future spouse works, receives disability benefits, or has no income.

How much SSI will I lose if I get married?

The treatment of marriage is a frequent consideration in the discussion of government benefit policies. In the Supplemental Security Income ( SSI ) program, for example, two recipients married to each other receive a benefit that is one-quarter less than if they simply lived together but not as husband and wife.

Can a married couple both be on disability?

If both people in a married couple meet Social Security's definition of disability — each has an illness or injury that largely prevents them from working for at least a year or will likely result in death — both can collect Social Security Disability Insurance (SSDI).

What is the marriage penalty for Social Security?

Social Security & You: There is no marriage penalty with social security.

How much can my spouse make before it affects my SSI?

A couple can generally have about $2,400 in earned monthly income before their SSI check will disappear. And disabled students under 22 can have about $7,600 of their annual incomes deemed not countable.

How does marriage affect SSI?

In order to qualify, not only must you personally meet certain financial limitations, but your household income must also meet those limitations. You must also meet the SSA’s definition of disability.

How does marriage affect Social Security?

How Marriage Affects Social Security Disability Insurance (SSDI) SSDI benefits are based on a person’s work history and current work activity. You have to have enough work credits to qualify for SSDI, and to get work credits , you have to have a solid work history during which you paid your Social Security taxes.

How many credits do you need to work to become disabled?

You can earn up to four work credits per year of employment, and you typically need 40 work credits, half of which were earned in the last 10 years leading up to the year you became disabled. You must also meet the SSA’s definition of disability.

Can I get SSI if I get married?

Your SSI benefits are much more susceptible to being reduced or revoked if you get married than your SSDI benefits. Depending on the income level of your spouse, you may exceed the financial limitations for SSI.

How to find out if my Social Security benefits were reduced after marriage?

If you're still not sure whether your marriage could affect your benefits, call Social Security at 800-772-1213 or visit your local Social Security office to talk to a field representative. Or, if you think your benefits were wrongfully terminated or reduced after you got married, contact a Social Security disability attorney or legal aid office near you.

Can Social Security lower your monthly payment?

But if you receive SSI and you and your new partner begin living together, Social Security could lower your monthly SSI payment by one third if your new partner pays for your food or housing costs (Social Security call s this "in- kind" income ).

Can my spouse get SSI if I'm both receiving?

Because of SSI's strict income limits, your new spouse's income may make you ineligible for benefits, or reduce your benefits by the amount of your countable income. If you and your fiancé are both receiving SSI, you're likely to receive less money.

Does getting married lower your disability?

Answer: Whether getting married will stop or lower your disability benefits depends on whether you're collecting SSI disability benefits, Social Security disability insurance (SSDI) benefits, adult child benefits, or survivors benefits based on the record of your deceased spouse (or ex-spouse). Let's look at each situation.

Can you join a civil union if you are a domestic partner?

Domestic Partners and Members of a Civil Union. Your disability benefits won't be affected by joining a domestic partnership or civil union if your benefits are Social Security disability insurance benefits, adult child benefits, or survivors benefits.

Does getting married affect SSDI?

SSDI Benefits. If you worked long enough to be insured for Social Security disability insurance benefits under your own work record, getting married will not affect your benefit payments. SSDI does not have income or asset limits.

Does marriage affect SSI?

Marriage itself doesn't affect your eligibility for SSI benefits, but if your new husband or wife has income, Social Security will attribute some of his or her income to you (this is called deeming spousal income ).

Receiving SSDI Benefits when Married

If you receive disability benefits through your own earnings record, meaning your own history of paying taxes from wages, marriage won’t have any affect on your eligibility for benefits. No matter how much your spouse earns, your benefits won’t be affected or reduced.

Unmarried Parents During the Application Process

Even if you decide to live with a significant other in lieu of marriage, that doesn’t mean the federal government won’t consider their income when weighing the merits of your application.

Rules for Benefits from an Ex-Spouse

Disability benefits garnered on the work record of an ex-spouse can continue after the marriage, but stop once you remarry. If your spouse dies, you may continue to receive benefits provided you do not remarry before age 50 if you are disabled, and age 60 is you are not disabled.

What age do you lose your Social Security benefits if you are married?

If you are receiving benefits as the widow of a Social Security disability recipient, you will lose your benefit by getting married if you get married before age 60 (or age 50 if you are disabled). Ex-spouse's work record.

When do you lose your surviving spouse's benefits?

If you are receiving surviving divorced spouse benefits, you'll lose these benefits if you get remarried before age 60. If you are a divorced spouse receiving benefits due to a disability on your deceased ex-spouse's work record, you'll lose these benefits if you get remarried before age 50. Parent's work record.

What is dual eligibility for Medicare?

People with dual eligibility usually qualify for help paying Medicare premiums and deductibles through Medicare's Savings Programs, which are ad ministered by state Medicaid agencies. This is sometimes called getting "Medi-Medi" (short for Medicare and Medicaid).

How much is Social Security in 2021?

This is because the full SSI payment for an individual is $794 (in 2021), while the rate for a couple who are both receiving SSI is $1,191 (which is less than double the individual payment.) If you'd like help with calculating your potential loss of benefits, contact a representative at your local Social Security field office.

Can I get married to a disabled adult child?

In some circumstances, however, a disabled adult child may be able to marry another disabled adult child without either person losing benefits.

Does getting married affect your Social Security?

If you are receiving Social Security disability benefits under your own work record (meaning you are the disabled worker), then getting married will not affect your benefit payments. This is the case no matter whether your future spouse works, receives disability benefits, or has no income. Deceased spouse's work record.

Does marriage affect SSI?

How Marriage Affects SSI Benefits. Past earnings do not factor into SSI eligibility, but there are strict income limits and resource limits that an SSI recipient can have. When you get married, a portion of your spouse's income and assets is "deemed" (in other words, counted as) yours.

How do people with disabilities live?

Adults with disabilities are living more fulfilling lives today. More and more individuals with disabilities are going to college, traveling, having careers and some are finding love and getting married.

What is the 2014 SSI benefit?

The 2014 SSI benefit amount for an individual is $721.00; the benefit amount for a married couple who are both receiving SSI is $1082.00. The other disability program, Social Security Disability Income (SSDI), is an entitlement program.

What are the two types of Social Security benefits?

There are two types of Social Security Benefits for individuals with disabilities, SSI and SSDI. The type of benefit that you receive will determine whether marriage will affect your benefit amount. Supplemental Security Income (SSI) is a needs based program which means that there are financial eligibility requirements.

Can a disabled adult child receive Social Security?

The answer is no, marriage will disqualify a Disabled Adult Child from receiving their DAC benefits. There is, however, an exception to that rule and that is that if a DAC recipient marries another Disabled Adult Child, both can continue to receive their full benefit from Social Security.

Can I get SSI if I get married?

If you are considering getting married, remember, that your future spouse’s income and assets need to be reported and can cause ineligibility for the SSI program. If a person receiving SSI marries another SSI recipient, it is very likely that their benefits will be reduced by 25%.

What happens when both spouses are disabled?

When both spouses are disabled, they must both meet the financial eligibility requirements for a couple. Their income is counted together, without using the deeming formula. If they make under the required amount, they would get the couples rate for SSI ($1,100 in 2015).

What happens if a disabled spouse is not a countable income?

If the nondisabled spouse makes a good or even fair income, the disabled spouse will likely lose his or her SSI benefits. If the nondisabled spouse earns more than $367 per month in countable income (in 2015), the nondisabled spouse's income will be deemed. The SSA has a very complicated formula for deeming spousal income.

What is deemed income for disabled spouse?

When a disabled person gets married (and lives with his or her new spouse), the problem is that the SSA will count some of the new husband or wife's income as available to the disabled spouse. This is called "deeming income," and the nondisabled spouse's income that counts as available to the disabled spouse is called "deemed income.". ...

How long can an ex spouse receive disability?

(The ex-spouse of a deceased disabled worker who is 60 years old or older, or at least 50 years old and disabled, can receive benefits until death unless he or she remarries.) If the surviving divorced spouse remarries after age 60 (or after age 50 if disabled), the SSA will ignore the marriage.

When does the SSA ignore divorce?

If the surviving divorced spouse remarries after age 60 (or after age 50 if disabled), the SSA will ignore the marriage. For more information on SSDI benefits for ex-spouses, see our article on getting disability as the divorced spouse of a disabled person.

How old do you have to be to get disability?

Here are the specifics: The unmarried child or stepchild of a disabled worker can receive benefits until age 18, or age 19 if a full-time high-school student, or until getting married, whichever occurs earlier. The unmarried disabled adult child of a disabled worker can receive benefits (assuming his or her disability occurred before age 22) ...

Can a divorced spouse receive disability benefits?

An ex-spouse who is receiving benefits based on her ex-husband or wife's record will lose these benefits if she or he gets married. (A divorced spouse who was married at least ten years to the disabled worker and who is 62 years old or older can receive benefits until death unless he or she remarries.)

Marriage and Disability: Who Qualifies?

When a person starts receiving SSDI disability benefits from the federal government, some members of their family may also qualify for benefits. Dependent benefits may be available to the eligible worker’s:

How Much Money Will I Receive?

There is an upper limit to the total amount SSDI can pay your family. Each family member may be eligible for a monthly benefit of up to 50% of your spouse’s total disability benefit amount.

You Cannot Receive SSI

It is important to note the difference between SSDI and other types of federal benefits. For example, there is no dependent benefit for spouses or children of people getting SSI, or Supplemental Security Income. SSI a means-tested program based on financial need.

Why can't I marry a disabled person?

This means that for a person with a disability, the decision not to marry can also have substantial ramifications, especially if the relationship between their partner and their family is challenging , or the family and disabled individual are in disagreement about the best course of treatment.

Is a disabled person considered a next of kin?

When a person is unmarried, legally their next-of-kin tends to be their parents or children, unless otherwise specified in a living will or similar document.

Do I need to provide information about my spouse's assets?

You will need to provide information about both your and your spouse’s assets for all future requests of any sort. While some programs discuss household values (which would affect you and your partner from the moment you live together), sometimes only individual assets are considered for supports.

Is marriage financially impossible?

If the only benefit you receive is SSDI, which provides Medicare coverage and a monthly check, marriage isn’t financially impossible, but access to any of the financially-based programs (pretty much all other social welfare programs) may be more challenging.

Do both brides get marriage licenses?

Both weddings had a priest presiding over the ceremony and got a marriage license prior to the event. Upon their wedding days, those licenses were signed by the correct representatives and they became legally connected, with guaranteed shared rights .

Can I apply for SSDI if I am unmarried?

You can apply as an individual for supports on SSDI if you are unmarried, but if you are married your spouse’s assets are always considered. Also, if for any reason your partner later needs assistance they will have their application process potentially impeded by your benefits and assets.

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