Does Marriage Affect My SSDI Benefits?
If you are disabled and have been trying for a long time to get Social Security Disability Insurance (SSDI) benefits, you know how crazy the process is. You may have waited for more than a year to get approved, so you want to make sure you keep these benefits for as long as possible.
If you find love and end up getting married, you may wonder if your SSDI benefits will be affected, and if so, how. The good news is that your benefits will most likely not be affected at all. That’s because eligibility for benefits is not based on marital status or income. It is based on
how long you have worked and the number of work credits you have. You must also be disabled based on the Social Security Administration’s definition of disability.
So if you decide to get married, this will not affect your eligibility for SSDI benefits. Your benefit payment will stay the same. You should also know that your spouse’s income does not play a role at all and would not be used to reduce the amount of your monthly benefit payment.
However, if you receive SSDI benefits based on a former spouse’s record and not because of a disability of your own, then those benefits could be impacted. For example, if you receive widow/widower benefits, you will lose those benefits if you remarry before age 50. Remarrying between the ages of 50 and 59 could also affect your eligibility to some degree. However, if you wait until after age 60 to remarry, that generally does not impact your benefits. If you are divorced and receive SSDI based on an ex-spouse’s work record and disability, remarrying will typically end your eligibility for these benefits.
If you receive Supplemental Security Income (SSI), though, that is when you will receive the most drastic changes if you marry. That’s because SSI is means-tested, so it is based on income and assets.
Whether you receive SSI or SSDI benefits, you want to make sure you preserve your hard-earned benefits. Here are some actions you should take:
- Understand your benefits. Know which benefits you receive and how marriage might affect them.
- Time your marriage right. For widow/widower benefits, waiting until age 60 to remarry can help preserve eligibility.
- Manage income and resources. Carefully plan your finances to stay within SSI limits.
- Seek legal advice. Consult an experienced disability attorney to explore your options.
Learn More About Social Security Disability Benefits
If you have a disability and get married, it should not affect your benefits, although that may not be the case if you receive benefits based on a spouse’s record.
If you are in this situation, seek legal help from a White Plains Social Security Disability lawyer from The Law Office of Michael Lawrence Varon. We can help you understand the processes and restrictions. Schedule a consultation by calling (914) 228-1770 or filling out the online form.
Source:
faq.ssa.gov/en-us/Topic/article/KA-02172