Social Security Disability And Getting Married: Will I Lose My Disability Benefits
Getting married is a significant decision in your life. It is not only about making a lifelong commitment to your beloved partner. It is also a decision that can affect your source of income if you are collecting SSDI or SSI benefits.
Whether marriage will affect your Social Security Disability Insurance or Supplemental Security Income benefits will depend on several important factors. Here is what you need to know.
Can You Be Denied Or Potentially Lose Social Security Benefits If You Get A Medical Marijuana Card Considering Whats At Stake This Is A Very Valid Concern
The truth of the matter is that there is nothing in the Social Security regulations that would prevent a medical marijuana patient from being approved for Social Security benefits.
On the other hand, theres also nothing in the rules that prevents your application from being denied or revoked because youre a medical marijuana patient.
Fortunately, state laws have a big influence on how SSDI cases are judged.
Be aware, however, that even if youre in a state where adult use of marijuana is legal, admitting to even light recreational use can disqualify you for benefits.
There are no drug testing requirements in order to be approved for disability benefits. However, lying about medical or recreational marijuana use on your application just to avoid being denied is a felony offense. Dont do it.
Although, if youve played by the rules, having a medical marijuana card isnt necessarily a problem. Medical marijuana use is just one of the factors that will be considered.
Here is an interesting fact. In states with medical marijuana programs, disability cases actually rise rather than fall. That is according to the National Bureau of Economic Research.
In September of 2017, researchers from Temple University, University of Cincinnati, and Johns Hopkins studied what happens after a state passes a medical marijuana law.
When Can The Va Terminate My Disability Compensation
Benefits for disabilities with a service connection can be reduced , but rarely stopped altogether. If you have been receiving service-connected benefits for ten years or longer, your benefits receive special protection from termination. The VA cannot terminate these benefits unless you committed fraud or unless the VA made a “clear and unmistakable error” in granting you benefits . A clear and unmistakable error would include granting you benefits if you have a disqualifying type of discharge or if you had not meet the minimum service requirements.
Even if you have been receiving service-connected benefits for less than ten years, it is still quite rare for the VA to terminate these benefits. In any case, the VA cannot terminate your benefits unless you first receive a notice from the VA telling you about your right to have a hearing. You also have the right to appeal any decision to terminate your benefits.
If you receive a notice from the VA that your service-connected benefits may be terminated, contact a disability lawyer right away.
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What Is A Continuing Disability Review
The Social Security Administration does regular reviews of your medical condition to see if you still meet disability standards. They call this process a continuing disability review .
Social Security will send you a notice asking you to go to the local office. They will ask you about how your physical/mental impairments still affect you. You must give Social Security a list of your doctors and the medications you take.
If You Inherit Property Or Possessions
We will treat property or other possessions you inherit as assets. Asset rules may apply which could affect your eligibility for Income Support.
There are some situations when the property or possessions you inherit may be considered exempt. Here are some examples:
- you inherit a house and live in it
- you inherit a car and use it as your primary vehicle.
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Schedule A Free Consultation With An Experienced Disability Attorney
Theres a complicated system that dictates SSI and SSDI in Massachusetts and Rhode Island, especially for people who receive both benefits. It is crucial to understand all of the requirements so you do not invalidate or decrease your benefits.
If this page has left you wondering whether your marital status will affect your Social Security benefits eligibility, do not hesitate to reach out to us. Our experienced and knowledgeable attorneys can help clear up any of your concerns. Attorney Sara J. Frankel is a former Social Security Administration staff attorney at the Office of Hearings and Appeals and therefore knows how the process works from an inside perspective.
Contact us online or call 508-730-1451 and schedule a free consultation.
If You Disagree With The Decision
If you disagree with the decision, you may ask to have the decision reviewed. You must request this review in writing within 90 days of receiving your decision letter.
Your application will be reviewed by Service Canada staff who were not involved in making the original decision on your application.
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Will I Lose My Long Term Disability Benefits If My Job Is Terminated
Most people receive disability coverage through their employment. Those with disability coverage may be eligible to receive monthly benefits if they are too sick or hurt to work. These benefits are generally paid by insurance companies. These include, but are not limited to:
What Medical Conditions Qualify For Short
To qualify for short-term disability your medical condition must prevent you from doing your regular job duties. You must show how the symptoms or impairments from your medical condition interfere with your ability to perform you job duties.
To do this you will need to have an official list of your job duties. Then you can get your doctor review the list of duties and confirm that you cannot perform the majority of these duties because of your medical condition.
Most short term disaibltiy plans will require you to be continuously disabled for 7 days or so before you can qualify for benefits. This is called a waiting period or elimination period.
Following is an example of typical wording of the disability requirement for a short-term disability plan. Please note this is only an example, the exact wording is different for each plan:
An employee is entitled to payment of a short-term disability benefit if that employee proves that:
- the employee became totally disabled while covered
- the total disability has continued beyoned the elimintation period
- the employee has been following appropriate treatment for the disabling condition
An employee wil be considered totally disabled while the employee is continuously unable due to an illness to do the essentional duties of the employees own occupation in any setting.
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Tulsa Disability Attorneys Fight For Ssdi And Ssi Disability Benefits
Can you lose disability benefits in Oklahoma? Unfortunately, the answer is yes. Multiple circumstances could lead to the termination of your Oklahoma Social Security disability insurance and supplemental security income disability benefits. These benefits depend on your medical condition, ability to work and/or income. Therefore, any changes in your circumstances may result in the loss of Social Security benefits.
Fortunately, you can meet with the Tulsa disability attorneys of Troutman & Troutman, P.C. should you ever face the possibility of losing your Oklahoma SSDI or SSI benefits. We exclusively focus on representing disability claims before the Social Security Administration . The husband-wife team at our disability law firm is dedicated to keeping your Oklahoma Social Security benefits active.
How Can I Lose My Disability Benefits
Generally, there are two ways you can lose your benefits – earning too much through working, and recovering from your disability. First, your benefits will end if you earn what Social Security considers to be a substantially amount of money. Before working while receiving disability benefits you need to contact the Social Security Administration or your attorney or advocate. Second, your benefits will end if you recover and are no longer disabled. Social Security will periodically monitor your condition, and technically you are required to notify SSA if your condition improves.
In most cases, your benefits will continue as long as you are disabled. With that said, Social Security will check to see if you are still disabled. The frequency of these checks will depend on your specific condition and the possibility of recovery. Recently, however, Social Security has been increasing its reviews of existing cases. When Social Security does review a case, they find the individual is still disabled the vast majority of the time.
Can I appeal if Social Security tries to take away my benefits?
Yes, you can appeal if Social Security tries to end your disability benefits. Remember, you have a limited time to appeal once you receive the letter cutting your benefits. If you do not appeal within 10 days, you could waive your right to appeal.
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Document Your Physical Symptoms
Long haul Covid-19 may present a vague set of symptoms, not unlike other conditions such as fibromyalgia or chronic fatigue that have also been approved for Social Security disability benefits.
However, these types of conditions are more difficult to prove because they generally cannot be diagnosed with one medical test.
“Those aren’t going to be awarded as quickly, because you need to see those over a period of time,” Geist said. “You need a longitudinal history there, and those can be more difficult to document.”
The best way to establish a record of your symptoms is to share them with your doctor and to have them document what is going on.
For example, if you have migraines, how long do they last? What does your recovery process look like?
Keeping track of those details will help if your application has to be considered by a judge, Geist said.
Receiving Gifts While On Ssdi
Fortunately, Social Security Disability Insurance is not a need-based program. Qualification depends on your inability to work as a result of a disabling injury. It also depends on the amount of Social Security credits youve earned by paying Social Security taxes out of your paychecks. This means that theres no limit to how much you could have earned prior to experiencing your disability.
There is, however, a limit to how much you can earn as income while you are collecting disability benefits. This limit changes every year in order to keep up with inflation. For 2019, you can make no more than $1,220 a month in earned income while on SSDI.
The question is, how will financial gifts affect you? If someone gives you a thousand dollars and that takes you $1,000 over the limit, will that mean that you will lose $500 from your benefit payment? The answer is no.
The SSA does not consider earned income the same as financial gifts. Gifts are unearned income and are excluded from your benefit payment calculations. Additionally, selling items and earning interest on investments and savings does not count towards earned income, either. Your assets also have no impact on your SSDI.
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Health Resources For People With Disabilities
Federal, state, and local government agencies and programs can help with your health needs if you have a disability.
Explore the Disability and Health section of CDC.gov for articles, programs, tips for healthy living and more.
Learn more about assistance and benefits for people with disabilities from the Social Security Administration.
Contact your local city or county government to find out what medical and health services are available locally for people with disabilities.
Your state social service agency can help you locate medical and health programs.
Visit USA.govs Government Benefits page to learn more about government programs and services that can help you and your family.
If You Go Back To Work
If you’re like most people, you would rather work than try to live on disability benefits.
There are special rules that help you keep your cash benefits and Medicare while you test your ability to work. We call these rules “work incentives.” For more information about Social Security work incentives, read Working While Disabled: How We Can Help.
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Being Denied Ssdi And The Right To Appeal
If for some reason your Social Security application is denied or revoked, youll have the opportunity to appeal the decision.
Although, its going to be even harder to convince a judge the second time around. Youve got to have a rock-solid case. And if you had a rock-solid case you probably would not have been denied disability insurance in the first place.
So, you really need to think the entire case through before you submit your application or before your case comes up for review.
The bottom line is that if you can show all of the following conditions youll have a strong case:
- Your doctor is willing to attest that medical marijuana is the most effective option for your medical condition and medical history.
- That refraining from the use of medical marijuana could be hazardous to your health and wellbeing.
- You do not have a history of drug addiction or alcoholism.
- You do not have a criminal record related to drug charges.
- You have an experienced disability lawyer who has dealt with the medical marijuana issue.
If youve got questions regarding medical or recreational marijuana laws and rules we would be happy to answer them for you.
Links and resources:
Can You Lose Oklahoma Ssdi Disability Benefits If You Go Back To Work
Eligibility for Oklahoma SSDI benefits is based on an inability to work as a result of a disability. However, some people who have been determined to be disabled continue to work in part-time jobs to make ends meet. If your work activity is considered by the Social Security Administration to be substantial gainful activity , then your benefits will be terminated. Currently, earnings of more than $1,180 per month or $1,970 are considered to be SGA.
Some people try to avoid having their benefits terminated by working for cash without reporting the income to the Social Security Administration. Doing so is illegal and can result in very serious civil and criminal penalties. Do not do that. If you are working part-time or full-time, you must report the income to the Social Security Administration.
New measures from the SSA may also allow you to return to work without endangering your benefits. In the past, if a person on SSDI tried to rejoin the workforce, then their benefits would have immediately ended. This keeps many from transitioning, because they fear what will happen if they cannot work as they thought they could. If reentry into the workforce did not work out, then the former claimant would have to reapply for SSDI all over again. With current waitlists, that could leave them without income for months.
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How Does The Marriage Penalty Affect Social Security Disability
When you are thinking about getting married, youre probably not questioning if doing so will affect your Social Security disability benefits. But it might be worth a few moments consideration. The impact that marriage could have on your monthly payments depends on whether the benefits you receive are from Social Security Disability Insurance or Supplemental Security Income .
If you are collecting SSDI benefits on your own work record, getting married or remarried will have no effect. But if you are receiving SSDI benefits on someone elses record, your benefits could be affected, depending on your relationship to the person on whose record you are collecting monthly payments.
In the event that you are a widow or widower collecting benefits on your deceased spouses work record, you will lose these benefits if you remarry before age 60 . You will also lose benefits if you are collecting them under an ex-spouses work record and decide to remarry.
If you receive SSI benefits, on the other hand, marriage will likely have a greater impact on your continued ability to receive monthly payments. SSI has strict income and resource thresholds. When you marry, Social Security Administration deems a certain amount of your spouses income as your own.
There are some instances in which you qualified for and collect both SSDI and SSI benefits. If you marry with dual eligibility, you will likely lose your SSI benefits but retain your monthly SSDI payments.
Will I Lose My Disability If I Get A Medical Marijuana Card
Medical marijuana use seems to be a gray area when applying for Social Security Disability Insurance or having your existing disability case reviewed. The good news is that having a medical marijuana card does not automatically disqualify you from SSDI. Having a medical card can be a sticking point. Fortunately, there are some things you can do to reduce the risk of losing or being denied disability insurance as a medical marijuana patient.
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Gaining Sufficient Assets Or Income
Under the Supplemental Security Income program, you are required to be below a certain threshold in terms of both assets and income to be approved. This will also mean you need to stay below that threshold to keep receiving benefits. This can be strict and tricky as even your spouses income can partially count towards your limit.
Tennessee Ssdi Benefits Loss Attorney
Because of the strict requirements for eligibility, it can be difficult for you to get approved for Social Security Disability Insurance benefits without an experienced attorney on your side. However, just because youre initially approved for benefits or approved after filing an appeal doesnt mean you will receive benefits for the rest of your life. In fact, many recipients end up losing their benefits due to different circumstances.
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