The impact of marriage on disability benefits largely depends on the type of disability benefit you receive. The Social Security Administration (SSA) has two primary programs that provide disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
They have differing regulations governing marriage and disability benefits eligibility.
If you are considering marriage and receiving disability benefits, contact a Ohio Social Security lawyer to understand how your benefits might be affected.
They offer free consultations to answer your questions, clarify concerns, identify potential risks, inform you of the possible outcomes, and help you navigate marriage in a way that doesn’t cost you your benefits—or at least so you’re not surprised when they’re gone. Schedule a free case evaluation.
How Does Marriage Affect Your SSDI Disability Benefits?
SSDI is an insurance program for workers who become disabled. Eligibility is determined by your work history, including the number of work hours and the amount you paid into the program in payroll taxes.
Marriage does not affect most recipients of SSDI benefits unless they receive benefits based on someone else’s work record. Examples include dependent children who marry, divorced spouses who remarry, and widowers who remarry.
SSDI Changes When Dependent Children Get Married
Children of disabled workers may receive SSDI benefits until they are 18 (or 19 for full-time students in high school) or until they marry. Whichever life event occurs first determines the end of the benefits for your children. When your children get married, they will lose SSDI.
If you have an adult child with a disability that began before the age of 22, they may receive benefits until they recover from the disability, turn 22, or marry. The first occurring life event determines the termination of their SSDI benefits.
Some circumstances may allow a disabled child to marry another disabled child without losing benefits if they both have Disabled Adult Child (DAC) status. However, this complex situation requires discussion with an experienced disability attorney for further clarification.
SSDI Changes for a Divorced Spouse Who Remarries
An ex-spouse of a disabled worker who has been married for a minimum of ten years and is receiving SSDI benefits on behalf of their ex-spouse will lose their SSDI benefits if they choose to remarry before specified age allowances. If you’re receiving Social
Security benefits under an ex-spouse’s work record: you will lose your disability benefits if you are under 60 years old or 50 years old and also disabled. If you wait until after you are 60 to remarry, you will continue to collect your SSDI benefits.
SSDI Changes for Widowers Who Remarry
Widowers receiving SSDI benefits have to consider and be alright with losing benefits if they opt to remarry before the specified time constraints. Suppose you receive survivor benefits as the widow of a Social Security disability recipient. You will lose them if you remarry before 60, or 50 if you are also disabled.
How Does Marriage Affect Your SSI Disability Benefits?
Marriage can significantly affect your disability benefits if you receive SSI. Your new spouse’s income and assets may change the amount you can receive or stop payments altogether.
If you and your spouse receive SSI, your payment may change from a single person to a couple’s rate—which is a reduction.
The SSA determines that couples can live on less money than single individuals. While this idea is outdated, a disability attorney can’t remedy this reduction or marriage penalty of SSI benefits.
If you are marrying someone ineligible for SSI payments and are working, some portion of their income and assets will be deemed to you. This means the SSA will count a portion of your spouse’s income as your own.
Income and assets the SSA counts include:
- Earnings from part-time or full-time employment
- Income from self-employment
- Income from side and gig-economy jobs, including rideshares and delivery, like Uber and DoorDash
- SSDI payments
If you are dual eligible, meaning you receive both SSI and SSDI disability benefits and are getting married, you can lose your SSI benefits. However, your SSDI benefits will likely remain the same. Ask an experienced Social Security lawyer to clarify these circumstances.
Do I Need to Report My Marriage to the SSA?
Yes. You must report your marriage to the SSA by the 10th day of the month after you wed.
If you fail to report changes to your personal situation, such as marriage, you might:
- Have to pay back overpayments
- Face a hefty penalty
- Miss the opportunity to collect additional payments you were due
The worst-case scenario is that you lose your disability benefits if you fail to report your marriage. If that occurs, it can be months before they are reinstated, if at all. Don’t risk losing your benefits, and make sure you report all changes in your personal situation, including marriage.
How Disability Lawyers Help You Win SSI and SSDI Benefits
It’s highly advised to consult a Social Security disability lawyer before getting married while receiving disability benefits. You’ll want to understand how your marriage will impact your benefits.
A disability lawyer can file your Social Security Disability (SSD) application or appeal.
Disability lawyers help secure SSI and SSDI benefits by completing:
- Paperwork and Deadlines: Your disability attorney will ensure accurate information, proper form completion, and meeting filing deadlines. They will also keep all paperwork safely organized.
- Gathering Missing Information: A significant cause for denial is missing or inaccurate information. Your disability lawyer will gather missing information and ensure all submitted information is accurate.
- Preparing You for Your Hearing: If your case requires appeals and an Administrative Law Judge (ALJ) hearing, your attorney can prepare you for what questions to expect and how to best answer them.
Finally, disability lawyers will ensure you are approved and paid. They primarily work on contingency, meaning there are zero out-of-pocket costs to retain their services, and they only get paid if they win your disability claim’s approval. Consult a lawyer to discuss your SSI or SSDI disability claim or appeal.
