For most people, getting married is a period of love, wedded bliss, and celebration with friends and family. However, you can develop anxiety and apprehension about the effect of marriage on your benefits if you are receiving Social Security Disability benefits. This is the primary concern among most disabled individuals who are not yet married. Most people with disabilities depend on these critical benefits for their livelihood and financial security. If you receive your monthly SSDI benefits, you should avoid any actions that disqualify you from future benefits. Getting married, becoming a widower, divorcing, and having your children qualify for SSDI benefits can affect the status of your SSDI benefits. Consult an SSDI attorney if you are having challenges accessing SSDI benefits.
Whether You Can Lose Your Disability Benefits If You Get Married
Getting married will not directly result in losing your disability benefits if you receive them based on your work record. SSDI is often awarded based on your disability and work record, not your marital status. Getting married cannot affect your SSDI qualification or benefit amount. However, there are exceptions and considerations, especially if you are receiving SSDI benefits as a disabled widower or widow based on the deceased's work history.
You will lose your survivor SSDI benefits if you remarry before the age of 60 or at the age of 50 years if disabled. Remarrying if you are over 60 years or older than 50 years, if you have a disability, will not affect your benefits.
You will lose your benefits if you are receiving SSDI benefits off your former spouse’s work record and he/she is alive. Regardless of your age, you will forfeit those benefits once you remarry.
Consult an attorney with experience in social security disability law because navigating these rules can be stressful. An attorney can offer personalized advice on how marriage affects your benefits and help you understand your rights and options under the law. Your attorney will also provide expert representation in appeals and administrative proceedings if you face eligibility and benefit termination challenges. The attorney will fight for your rights and ensure you retain your deserved benefits.
Typically, marriage itself cannot lead to the loss of your SSDI benefits. However, you should understand the potential implications based on your specific situation. A skilled attorney will offer clarity and peace of mind as you navigate this critical life decision.
The Impact Of Marriage On Your SSDI Benefits
If you have applied for SSDI and are disabled, your qualification for these benefits is calculated based on the following:
- If you have accumulated sufficient work credits to be eligible for government assistance
- The period you have been in the workforce
You must also meet the Social Security Administration’s definition of disability, which can be a long and detailed process. According to the Federal Government Social Security Administration, your benefits will not change after marriage. The other spouse's money will not be credited to your income record. It will also not lower the amount of your payment. Getting married will not affect your personal benefits, but the benefits your children can receive. Additionally, your SSDI benefits will be affected if you become widowed or divorced. As a result, you should understand various ways that your benefits can change. This will help you have a clear picture before deciding to get married.
Dependent Children’s Marriage and SSDI Benefits
If you decide to get married, your SSDI benefits will not change, but those of your children will be affected. Dependants of a disabled worker can qualify for SSDI benefits depending on the situation and the earning record of the disabled worker. You should understand the rules on SSDI benefits for children. Stepchildren and unmarried children of disabled employees are entitled to SSDI benefits until they are 18 years old. They are also eligible for these benefits when they reach 19 years, if they are full-time students in high school, or until they get married. It will be the end of the SSDI benefits for your children when they turn 19 or get married.
If your unmarried child is disabled, he/she is also entitled to SSDI benefits provided the child suffered the disability before turning 22 years. Your child will receive these benefits until he/she gets married, recovers from disability, or turns 22. Sometimes, your child will not lose the benefits if he/she marries another disabled partner. However, you should consult an attorney to understand the details.
Benefits For A Divorced Spouse Survivor
A former partner of a disabled person who was in a marriage for ten years and was receiving benefits on behalf of the ex-partner will likely lose SSDI benefits. This will happen if he/she decides to remarry before a certain age. You will not be eligible for the spousal SSDI benefits if you are below 60. If you are disabled and opt to remarry when you are above 60 years or 50 years, you will retain your SSDI benefits. If you are below the recommended age, it is essential to be patient until you reach 60 years to remarry.
Windower’s SSDI Benefits
You will lose your SSDI benefits if you are a widow or widower and decide to remarry. You will be eligible for SSDI benefits until your death if you are a widow or widower and are at least 50 years old. This can only happen if you do not get married again.
SSDI Benefits For A Divorced Partner That Remarries
A divorced partner who was married to a person with disability for at least ten years and is over 62 years qualifies for SSDI benefits until he/she dies. He/she is eligible provided he/she does not remarry. You will lose your benefits if you remarry while receiving SSDI benefits based on your former partner’s record. Before you opt to remarry, consult your Social Security Disability Attorney.
If You Get Married To A Partner Who Receives SSDI Benefits
Your marital status will not have an adverse effect on your benefits if both of you receive SSDI benefits based on your work records. Each partner's benefit is determined by their work record and disability, but not their marital situation. Marrying a person on SSDI benefits will not change the benefits you or your spouse receives.
You will enjoy the benefits you earn without worrying about your marital status impacting your financial support. These benefits will be intact regardless of your marital status, whether you and your spouse have disabilities or rely on SSDI benefits for economic stability. Unfortunately, this will not apply to your Supplemental Security Income (SSI) or other SSA benefits. Consult your attorney to help you understand how marriage can affect these benefits and how you can protect your rights.
Supplementary Security Income (SSI)
Supplementary Security Income (SSI) is a needs-based program. Your qualification is determined by whether you have limited resources and income. From 2024, you can only qualify for SSI if you have assets worth less than $2000. Your monthly income should also not exceed $1,971.
If you are an SSI recipient and you marry, the SSA will consider your partner’s income and property when establishing how much help you will receive as a couple. Your SSI benefits will be reduced or dropped entirely if your partner’s income exceeds a specific limit.
If two SSI recipients marry each other, their combined benefits will be reduced because the benefit rate for partners is lower. This often discourages SSI beneficiaries from marrying because they risk losing crucial financial support.
Changes To SSI
Some of the changes made to SSI include:
- The SSA expanded the definition of a public assistance household by adding the Supplemental Nutrition Assistance Program (SNAP)
- The SSA expanded a rental subsidy exception. People can access this exception throughout the country.
- The SSoes do not include food in their in-kind support and maintenance (ISM) calculations.
Marrying Someone Who Does Not Receive SSDI Benefits
Your marital status will not directly affect your SSDI qualification or benefit amount if you are receiving SSDI benefits and marry a person who does not receive SSDI benefits. These benefits are not based on your partner's income or resources. They are solely based on your work record and disability. Marrying a person who does not receive SSDI benefits will not change your benefits. Your partner’s income will not lower your monthly SSDI payment.
However, consider the possible implications on SSI qualification if your partner has substantial resources or income. SSI is a needs-based program for persons with disability and limited income and resources. The SSA determines a person's qualifications based on resources and household income, including that of a partner. Your qualification for SSI benefits will be affected if your partner’s income or resources exceed certain limits. Married partners can earn up to $2,827 per month and still qualify.
Wedding Gifts And Social Security Administration (SSA)
The Social Security Administration (SSA) does not consider wedding gifts, whether cash, property, or valuables, as income for SSDI purposes. You can receive SSDI benefits and accept gifts without worrying about your qualification or benefit amount being affected. This is a relief and reassurance for people celebrating their special days. They can concentrate on their joy without worrying about each gift they receive. The gifts you receive from family members and friends to help you with wedding costs or serve as cherished moments of the celebration cannot affect your SSDI benefits.
Other financial factors can affect your SSDI benefits. Specific sources of income or changes in economic circumstances can impact your qualification or benefit amounts. You should seek guidance if you have concerns or questions. Seek the services of a Social Security Disability law attorney if you are facing any complications. Your attorney will offer you tailored guidance for your specific situation. He/she will help you understand your rights and options under the law. An attorney will play a significant role in helping you protect your benefits by clarifying regulations, addressing concerns, and advocating in legal proceedings.
Disabilities That Can Qualify For Social Security Disability Benefits
You can qualify for SSDI if you suffer from a disability that prevents you from working. The SSA requires you to prove the following elements for you to qualify for the benefits:
- Your disability is likely to last one year or longer, or until you die
- Your disability prevents you from securing a different type of job
- Your disability keeps preventing you from continuing to work
The best way to determine your eligibility for SSDI is to prove that you suffer from a disability in the Social Security Blue Book. SSA has a Blue Book containing medical conditions or impairments that qualify for SSDI. The common disabilities include:
- Hematological diseases include hemolytic anemia, hemostasis, thrombosis, and bone marrow failure.
- Cancer, including breast cancer, mesothelioma, lung cancer, and most other types of cancer.
- Genitourinary conditions, including nephrotic syndrome and chronic kidney disease
- Digestive tract illnesses, including liver disease, short bowel syndrome, and irritable bowel syndrome.
- Skin problems like burns and dermatitis
- Immune system disorders like rheumatoid arthritis, HIV/AIDS, and lupus
- Mental conditions like intellectual disabilities, post-traumatic stress disorder, schizophrenia, autism, anxiety, and depression.
- Neurological disorders like chronic fatigue syndrome, neuralgia, epilepsy, parkinson’s disease, cerebral palsy, and multiple sclerosis.
- Respiratory illnesses like cystic fibrosis, asthma, and chronic pulmonary hypertension
- Sense and speech problems, like hearing and vision loss
- Cardiovascular conditions like abnormal heart rhythm, angina, hypertension, coronary artery disease, and heart failure
- Musculoskeletal problems like Reflex Sympathetic Dystrophy, fibromyalgia, arthritis, and back injuries
Find A Reliable Disability Attorney Near Me
The Social Security Administration provides different types of benefits to other people. Some benefits are available to unmarried family members of people with disabilities. Marriage could make you ineligible for these benefits. However, if you receive SSDI benefits based on your work record, getting married will not affect the benefits. Getting married can only affect the benefits you receive as a dependent and your SSI benefits.
If you are receiving SSDI or SSI benefits, you should notify Social Security if your living conditions change, including if you get married. You should inform the SSA within the 10th day of the month following your marriage, divorce, or moving out. If you fail to inform the SSA that you got married and the agency finds out on its own, you could lose your disability benefits. Failing to disclose a marriage can result in overpayment, and the SSA will require you to refund the overpaid benefits. If you plan to get married and are currently receiving disability benefits, you should contact an attorney. An attorney can guide you and help you determine whether the marriage will affect your benefits. For reliable legal guidance and representation in California, contact Leland Law. Call us at 866-449-6476 to speak to one of our attorneys.
