Marriage and Your Social Security Disability Benefits
Marriage is a life-changing event for a number of reasons, but perhaps the most prominent is the financial changes that occur for the newly-married couple. Combining incomes and garnering new tax benefits come with a host of potential problems and no shortage of pertinent questions. One that many couples fail to ask is how the union will affect one of the spouses’ Social Security Disability benefits. Our disability attorneys get the question all the time, which is why we compiled this short article to help the newlyweds and not the couples who have been together for years navigate the complexities of the Social Security Administration.
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. Of course, any money you earn from working while you’re disabled can still count against the money you get from the federal government.
If you’re receiving disability benefits under a parent’s earning record, the marriage will cause you to lose these payments. The only exception to this rule is if you happen to be marrying a disabled adult, which has been known to happen. Your legal team can help you make informed decisions about how to proceed if you believe your marriage may cause the termination of needed disability benefit payments.
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. If you’re dependent on your partner’s income to provide for your essentials and maintain quality of life, the SSA could consider those earnings as part of your total income. This rule (known as spousal deeming) may come into play more with Social Security Income benefits than SSDI. For a thorough examination of your application, contact our attorneys today for a free consultation. It’s simply not worth it to try and submit an application for financial assistance when you’re not certain that you’ve completed the document properly.
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. 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 you’ve worked all your life to earn, and now you need access to it because you’re hurt or sick, and can no longer work. Call our law offices today for a free consultation to discuss your rights. There’s no risk — if we don’t recover benefits, you don’t pay.