How Getting Married Can Affect Ssdi Benefits
To be eligible for SSDI, you must earn the benefits by paying into the Social Security system.
For this, you need to have enough work credits. If you are receiving disability benefits under your work record, getting married will not affect your eligibility in any way.
That said, if these work credits are based on another persons work record, you may lose your benefits when you get married. This primarily depends on your relationship with the person on whose record you receive the benefits. Here are the most common cases:
- Parents Work Record If you receive benefits under your parents work record as a disabled adult child , your SSDI benefits will stop when you get married. In some situations, if both you and your partner are a disabled adult child, you can get married without either person losing benefits.
- If you receive benefits as the widow on your deceased spouses Social Security account, you will lose eligibility if you re-marry before you are 60 years old or 50 years old if you are disabled.
- Ex-Spouses Record If you receive benefits under your ex-spouses account, getting married will cause you to lose your Social Security benefits.
Spousal Benefits And Previous Marriages
If you’ve been married before, then getting remarried is slightly more complicated from a Social Security perspective. Those who spent 10 years or more in a previous marriage are allowed to claim spousal benefits based on their ex-spouse’s work history. If your ex-spouse has claimed retirement benefits, then you can qualify for your spousal benefits right away when you turn 62. If not, then you have to have been divorced for at least two years before claiming your spousal benefits.
There’s one big potential pitfall with ex-spousal benefits: They go away if you get remarried. Instead, you’ll have to claim spousal benefits based on your new spouse’s work history. If that presents a problem, then it’s smart to know about it before it’s too late. Keep in mind, though, that it doesn’t matter if your ex-spouse gets remarried. You’re still entitled to your spousal benefits regardless.
Do My Disability Benefits Remain Intact If I Get Married
By Bethany K. Laurence, Attorney
Some types of Social Security Disability are for unmarried family members of the disabled person , while other types are for married or unmarried people, but have income limits. In that case, a new husband or wife’s income can be counted toward these limits and could make a disabled person financially ineligible for benefits. Let’s take a closer look at both of these situations.
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How Does Divorce Affect Your Social Security Benefits
Many individuals are unaware that some factors can affect how much you earn from social security benefits after divorce. That has brought the question, How much social security does an ex-spouse get?
Factors that can determine your spousal social security benefits include the age you claim and how much you earned in the years you paid into social security. Divorce is a factor many couples ignore, yet its crucial to your earnings.
If you are divorced and were married for at least ten years, you or your ex-spouse can benefit from social security benefits after divorce. You can also claim spousal social security based on your work records as a divorcee for at least two years.
Your ex-spouses record is another aspect you can earn monthly. If your benefit is more significant than the benefit you should receive as an ex-spouse, you have no spousal social security benefit.
To receive the total amount of these social security benefits as an ex-mate, you must have reached full retirement age between 66 67. If you claim your spousal social security before this age, it amounts to a reduction in the benefits.
For example, if you are eligible to get spousal social security but claim your benefit at age 61 or 62, you will receive 35% instead of 50% of your ex-spouses benefits. However, if you remarry but the marriage ends by death or divorce, you can still claim spousal social security.
Your Parents Work Record
If your parents work record provides your eligibility for SSDI, you will lose your benefits upon getting married.
There is one exception. If you are an adult disabled child who marries another adult disabled child receiving SSDI benefits from their parents, both of you might be able to keep your respective benefits. Talk to one of our attorneys about your specific case.
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Question #: Can I Apply For My Ex
Another reader wrote in and said she currently received disability payments through her husband that passed away in 2016. However, her marriage to her first husband lasted 21 years. Could she draw those disability benefits instead? While you can draw your ex-husbands benefits if your marriage lasted at least 10 years, unfortunately, that doesnt apply here. You can only apply for spousal benefits after divorce if you never remarried. Since this reader now draws survivors disability from her second husbands work record, she cannot draw the exs SSD benefits. If she stayed single, then yes, she could apply for her ex-husbands benefits once she turns 62 years old. Parents with a child younger than 16 years old at home can qualify for spousal disability benefits at any age.
What Happens To My Disability Benefits When I Reach Retirement Age
Once you successfully get approved for disability benefits, your monthly benefits should stay the same unless your disability improves, you start engaging in Substantial Gainful Employment , or you have a spouse whose income surpasses SSDI threshold levels. You can even continue to work part-time on disability or try out other options like a trial work period to see if youre able to fully transition back into the workforce.
Making the switch from receiving disability payments to retirement benefits is simplebecause for most beneficiaries, their monthly benefit stays exactly the same. This is because the SSA calculates your SSDI benefits as though you have already reached full retirement age, which is equal to 100% of your maximum benefit based on your lifetime earnings.
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Rules For Benefits From An Ex
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. Marriage after the cutoff ages should not reduce or other rule out your eligibility to continue payments.
If your application for disability benefits from the Social Security Administration has been denied, you need an experienced attorney reviewing your materials and drafting the documents necessary to mount a successful appeal. This is money youve worked all your life to earn, and now you need access to it because youre hurt or sick, and can no longer work. Call our law offices today for a free consultation to discuss your rights. Theres no risk if we dont recover benefits, you dont pay.
DISABILITY RESOURCE CENTER
Increased Monthly Financial Limits For Married Couples Filing For Ssi
The financial considerations are a little more complex for SSI, because not all of your income is actually considered countable income. For example, the SSA does not count the first $20 you earn each month. Therefore, you can earn more than the FBR and still qualify for SSI. The important part is that your countable income does not exceed the FBR.
Like SGA, the FBR numbers increase every year to account for inflation and economic changes. The SSI 2015 monthly income limit for individuals is $733. However, there are increased income limits for couples. Now that youre a spouse, the individual limit no longer applies to you. Instead, you should use the 2015 SSI monthly limit for married couples, which varies depending on the source of your income as described below:
- Standard income limit for couples $1,100 per month
- Limit when couples income derives exclusively from wages $2,285 per month
- Limit when couples income does not derive from wages $1,120 per month
As you can see, the FBR for married couples can vary dramatically. The standard limit, for example, is $367 higher than the individual limit. The monthly limit for couples with wage-sourced income is a full $1,552 higher than the limit for individuals.
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How Marriage Affects Those With Dual Eligibility
Social Security calls those who receive SSDI and SSI “dual eligibles.” If you receive benefits from both programs, getting married, as discussed above, could cause you to lose SSI benefits, but your SSDI benefits would not likely be affected. What might change is your dual eligibility status for Medicare and Medicaid. There is a complicated system between Medicare and Medicaid called “Medicaid crossover,” which dictates which program pays for what.
People with dual eligibility usually qualify for help paying Medicare premiums and deductibles through Medicare’s Savings Programs, which are administered by state Medicaid agencies. This is sometimes called getting “Medi-Medi” . If your income increases, you may no longer qualify as a Qualified Medicare Beneficiary , which means you might be subject to more out-of-pocket costs, but you might still qualify under the Specified Low-Income Medicare Beneficiary or Qualifying Individual program or to receive “Extra Help” paying for Medicare Part D. Contact Social Security or your state’s department of health care services about how the change would affect dual eligibility for you and your new spouse.
If talking to Social Security about any of these issues doesn’t clear up your concerns, and you still don’t know how marriage will affect your Social Security benefits, you may want to contact a qualified Social Security disability attorney.
Qualifying For Disability Benefits
SSDI benefits are awarded to people whose medical condition meets the SSAs definition of a disabilitythat is, a physical or mental health condition that prevents someone from working and engaging in Substantial Gainful Activity . In addition, the qualifying condition must have lasted or be expected to last for at least one year .
Unlike other Social Security programs such as Supplemental Security Income , qualifying for disability also requires that you have earned enough work credits. SSDI is funded by Social Security payroll taxes, so in order to be considered insured, you must have worked long enough, recently enough, and you must have paid Social Security taxes on your earnings. Once you qualify for disability, your benefits will continue unless your disability improves or until you reach retirement age.
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Contact A Qualified Disability Attorney Today
If you have concerns about your marriage affecting your disability payments, do no hesitate to contact a qualified Phoenix Social Security Disability attorney from our firm. We are prepared to answer any questions you may have about the claims process during a free, no-obligation consultation.
There are no upfront fees, and you only pay us for our legal services if we help obtain benefits for you.
Our firm is available 24/7 to take your call at or chat online.
Get Help Qualifying For Disability Benefits
The truth is, applying for disability can be a long and sometimes frustrating process. Most first-time applicants are denied, and appeals can take months. However, this doesnt mean you should give up hope. With the help of an experienced Social Security disability lawyer, you can increase your odds of being approved the first time and strengthen your claim should you need to go through the appeals process.
To find out the difference having dedicated representation on your side can make, contact us at Social Security Disability Advocates USA today. Well arrange a free, no obligation consultation with our legal team to review your disability claim and help you make the right decision for you and your family. Get in touch 24/7 by calling , connecting with one of our LiveChat agents, or by filling out this form to request your complimentary case review.
This is attorney advertising. SSDA, LLC is a group of attorneys that pursues claims for Social Security Disability benefits on behalf of its clients against the Social Security Administration. SSDA, LLC is in no way a part of the Social Security Administration. Further, the information on this blog is for general information purposes only. Nothing herein should be taken as legal advice. This information is not intended to create, and receipt or viewing does not constitute, a representative-client relationship.
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When Can Both Spouses Get Disability Benefits At The Same Time
The only way you and your spouse can both draw disability at the same time is if you both qualify under the Social Security Administrations rules. You both must have a disability that prevents you from working, is likely to last at least a year, or will lead to your death.
To prove you meet these requirements, you and your spouse will need medical evidence to show you meet the criteria under one of the SSAs impairment listings. This evidence often includes:
- Your medical records
- Lab testing results and
- Other important information regarding your abilities or prognosis.
If you do not meet the specific criteria in a listing, you may qualify based on a residual functional capacity assessment. This assessment uses a review of your medical evidence, an evaluation by your doctor, or an evaluation from an SSA doctor to determine your ability to work. If the assessment shows you cannot work, you will likely qualify for benefitsassuming you meet the SSAs other criteria.
Both you and your spouse will need to discuss your condition with your doctor and ensure they run all required tests. Your doctor plays a key role in documenting your impairment, which is at the center of winning approval for disability benefits.
For a free legal consultation, call
In About A Minute: A Social Security Disability Faq: If I Get Married How Will It Affect My Disability Benefits
The income of a spouse has no affect on Social Security Disability InsuranceSSDIbenefits if you are filing for disability under your work record. This holds true no matter how much your future spouse earns or whether or not he or she is receiving disability benefits.
However, Supplemental Security IncomeSSIregulations are different. Because this is a program for people with low-income or no-income, your family earnings and assets can affect your benefits. Once you get married, Social Security will count your new spouses income as your income as well. Social Security may reduce your monthly payment or maybe even completely stop your benefits.
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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” yours. This includes earnings from working, SSDI payments, and other types of income.
If the person you’re marrying makes a good amount of income, it’s quite possible that when your future spouse’s deemed income is added to yours, this will put you over the SSI eligibility limit keeping in mind that the program is designed to support the disabled individuals who have the most critical need. So getting married could reduce the amount of your SSI benefit or cause the payments to stop altogether. For more information, see our article on the deeming of spousal income, which includes some helpful examples.
If the person you are marrying is also receiving SSI, it’s likely that one or both of you will see your benefit amount reduced. This is because the full SSI payment for an individual is $794 , while the rate for a couple who are both receiving SSI is $1,191
If you’d like help with calculating your potential loss of benefits, contact a representative at your local Social Security field office.
The Basics Of Spousal Benefits
If you’ve never been married before, the impact of marriage on Social Security is fairly simple. In order to claim spousal benefits based on your new spouse’s work record, you have to be at least 62, and you have to have been married for at least one year before your application with the Social Security Administration gets processed. If the two spouses are both parents of a minor child, then the one-year requirement is waived, and you can file a spousal benefits claim immediately.
The spousal benefit is typically one-half of the spouse’s retirement benefit, adjusted for the age at which the spouse applies. In general, when you file for spousal benefits, you’ll be treated as also having simultaneously claimed your own retirement benefits. You’ll receive whichever amount is larger, although technically, you always receive your retirement benefit, and the spousal benefit represents any excess above your retirement benefit. For instance, if your retirement benefit is $400 and your spouse’s is $1,000, then you’ll get a total of $500 if you apply for spousal benefits at full retirement age. That consists of your $400 retirement benefit plus $100 in spousal benefits to get you up to the higher $500 amount.
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Who Is A Child
Now that you know a little bit about benefit amounts that could be paid to your family, heres some information about how Social Security law defines eligible dependents and dependency when it is required.
First, your children may be eligible. Social Security defines a child as your natural child, adopted child, dependent stepchild, and in some cases dependent grandchild. Your child must be under age eighteen, age nineteen and a full-time student in a high school or elementary school, or a disabled adult child over age eighteen who became disabled before age twenty-two. Your child must also be unmarried with some exceptions for disabled adult children.
Stepchildren can meet the status of stepchild if they were born before the parents marriage to the disabled worker or conceived before and born after. They can receive dependents benefits one year after the marriage that gave them stepchild status if they met the financial dependency requirement throughout the year before one of the following points in time: the date the insured worker became disabled, the date the insured worker became entitled to disability benefits, or the date an application was filed for the stepchild. Dependency is receiving at least one-half support from the disabled stepparent. Rules regarding what is considered contributions for support are detailed and extensive, but as a general rule, the contribution has to provide for basic needs versus contributions for special activities and the like.