Can Getting Married Impact Social Security Disability Payments?

Posted on behalf of Dayes Law Firm PC on Jan 16, 2020 in SSD

marriage and social security disability Getting married may impact your disability payments in a number of ways depending on the type of benefits you are collecting, whether its Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Work records and other financial resources will be taken into consideration.

Below, our disability attorneys at Dayes Law Firm discuss this in greater detail. For assistance with your disability claim, schedule a free legal consultation to learn more about the options available to you.

If You Are Receiving SSDI Benefits

SSDI benefits are based off earned work credits. If you receive SSDI benefits based off your own work record, your payments will not be affected if you choose to get married. Payments will not be impacted by your future spouse’s income or SSDI benefits.

However, your SSDI benefits may be affected if you receive them under someone else’s work record in the following ways:

  • If you are widowed and receiving survivors benefits because your deceased spouse was awarded SSDI benefits, you lose these benefits if you remarry prior to age 60. If you are also disabled and remarry before age 50, you will lose your benefits.
  • If you receive SSDI benefits from an ex-spouse’s work record, these benefits are lost if you choose to remarry.
  • If you receive benefits as a surviving divorced spouse of a deceased disability recipient, benefits are lost if you remarry before age 60. If you receive benefits due to disability through your deceased ex-spouse’s work record, benefits are lost if you remarry before age 50.
  • If you receive benefits under your parent’s work record as an adult disabled child, benefits typically stop if you get married. In some situations, if two adult disabled children get married, both individuals may be able to keep their full SSDI benefits.

If You Are Receiving SSI Benefits

SSI benefits are granted based on income and resource eligibility. When you get married, a portion of your new spouse’s assets and income are counted as yours, for eligibility purposes.

Depending on your new spouse’s income and assets, you may lose some or all of your SSI benefits. SSI benefits are meant to assist individuals who have the most urgent need.

If your new spouse also receives SSI benefits, typically one or both spouses will have a reduction in benefits. While the maximum SSI payment for individuals is $783, the maximum benefit for couples is $1,175, which is less than two times the individual maximum.

If you choose not to get married but cohabitate (live together with a partner), your SSI payments may be affected. With someone else sharing your housing and food costs, the Social Security Administration (SSA) considers this in-kind income, which counts towards benefits eligibility.

How Marriage Affects Dual Eligible Recipients

People who receive both SSDI and SSI benefits are considered dual eligible recipients. While SSI benefits are likely to be impacted by marriage, that is not always the case with SSDI benefits because they are not based on income.

If your income and assets increase due to marriage, your Medicare/Medicaid crossover eligibility may be impacted. Higher income may affect your eligibility as a Qualified Medicare Beneficiary, which results in more out-of-pocket costs to you because assistance paying for Medicare deductibles and premiums is lost.

Some dual eligible recipients may still qualify for assistance after marriage under programs such as Specified Low-Income Medicare Beneficiary, Qualifying Individual, or Extra Help for Medicare Part D. These benefits are granted through your state’s Medicaid agency.

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 1-800-503-2000 or chat online.

back to top

Call Us Toll-Free
1-800-503-2000