Disability benefits can be straightforward when they only involve one person but can become complicated when other parties are involved like a spouse and children. Many people wonder whether their disability benefits will be affected if their spouse still has a job or takes up a new job. For some people, the threat of losing disability benefits is a major financial concern.
In reality, whether you keep your benefits or not can depend on your total income and which disability benefits program your spouse is in. Be sure to talk with a Pennsylvania disability lawyer if you have questions about this.
Marriage may or may not affect disability benefits depending on which Social Security Administration (SSA) program you are in. If your spouse has Supplemental Security Income (SSI), then the SSA will look at your spouse’s income combined with your current income. Based on this total income, the SSA will decide whether to decrease the amount of supplemental income you receive each month or to end your disability benefits altogether.
Even if you are not married to your partner, the SSA can still take into account both your income and your partner’s income when making decisions about disability benefits. On the other hand, if your partner received benefits from the Social Security Disability Insurance (SSDI) program, then marriage will have no effect on these benefits. This means that no matter how much income you make, your spouse’s SSDI will not be affected.
However, there are certain cases where SSDI benefits could be affected. Your SSDI benefits may be terminated if you are married and receive benefits under an eligible parent’s record. Remarriage can also lead to a termination of benefits if you are receiving SSDI benefits on your ex-spouse’s work record.
You may be contemplating whether you should have your spouse switch to a more compatible disability benefits program. There are different requirements when it comes to applying for SSDI versus SSI programs.
To apply for SSDI, your spouse will need to have a legitimate disability that impairs work performance and a certain amount of Social Security work credits. These benefits will not start until a month after the SSA decides whether your spouse qualifies.
SSI requires your spouse to either be blind, over age 65, or to have a legitimate disability that significantly impairs work performance. Your spouse must also have a limited income with little to no financial resources. This program will not start offering benefits until one month after the claim was submitted.
Applying for disability benefits can be a tricky process because of all the paperwork and documentation this process requires. Some people may be denied benefits without knowing why. Consider hiring a Pennsylvania denied benefits appeal lawyer if your spouse was denied benefits or lost benefits because of a change in circumstances. You can call Edelstein & Nelson at 1-800-300-0909 today for a consultation. Our team of lawyers will work with you to figure out what caused your application to be rejected and what we can do to help you earn the benefits you need.