Can You Get Married On Disability?

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Can You Get Married On Disability?

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Marriage is beautiful and complicated, especially when it comes to the legalities surrounding it. Yes, you can get legally married while on disability benefits, but it’s important to understand how marriage might affect your ability to keep them.

How Does Marriage Affect Disability Benefits?

Marriage can change your disability benefits from Social Security. If you get Supplemental Security Income (SSI), marrying can affect your benefits because both you and your spouse’s incomes and things you own are counted together. This might mean you get less from SSI.

Social Security Disability Insurance (SSDI) benefits, which are based on your work history, usually don’t change when you get married. However, if both you and your spouse get SSDI, the amount you each get might change a bit.

For example, if your spouse gets a higher SSDI benefit because they earned more during their working years, your benefit amount could be adjusted. This happens because SSDI has rules about how much a household can receive in total, so they might balance the benefits between you and your spouse. It’s important to check with the Social Security Administration for specific details on how marriage could impact your SSDI benefits.

Will I Lose My Disability If I Get Married?

Losing disability benefits upon getting married is not a certainty, especially for those on SSDI. SSDI, being a benefit based on an individual’s work history, is less likely to be influenced by marital status. However, for SSI recipients, spousal income and assets are considered in determining eligibility and benefit amounts. This “marriage penalty” can potentially reduce or even eliminate SSI benefits, depending on the couple’s total income and assets.

When considering marriage and disability benefits, it’s important to think about several key aspects:

  • Disabled Child or Adult Partner: Marriage can impact the eligibility for benefits of a partner who is a disabled child or adult, especially if the other partner has income or assets.
  • Living Arrangements: Moving in with a spouse could change your Supplemental Security Income (SSI) since it might alter your expenses.
  • Reporting Marital Status: Inform the Social Security Administration (SSA) about changes in your marital status to avoid possible overpayments and penalties.

When you already receive disability benefits and plan to marry, remember these points:

  • Combined Income Impact: The SSA will consider both your and your spouse’s income and resources, affecting SSI.
  • Seek Professional Advice: Each situation is unique. Consulting with a disability benefits advisor or attorney can help you understand the impact of marriage on your benefits.
  • Notify SSA: Promptly inform the SSA about your marital status change to keep your records accurate and avoid future issues.

If you’re married and applying for disability benefits, you should also consider:

  • Spouse’s Income and Assets: For SSI, your spouse’s financial resources will be considered.
  • SSDI and Work Record: SSDI is based on your work history, but in some cases, your spouse’s benefits might affect yours.
  • Assess Your Situation: Understand how your marriage and joint financial situation could influence your eligibility and benefits.

For detailed guidance on how marriage affects disability benefits, consider consulting with an attorney who can help you better navigate your situation.

Marriage, Disability, And Dependents

Marriage can also significantly impact the Social Security benefits of dependent children and disabled adult children. When a parent gets married, a child receiving benefits through a parent’s Social Security record could have them discontinued. This change hinges on the nature of the benefits they receive.

Disabled adult children also face similar risks. Their benefits, typically based on a parent’s earnings record, might be affected by their marital status.

Additionally, if a disabled adult child marries someone who is not receiving Social Security benefits, they could lose their own benefits. However, if they marry another disabled adult child who is also a beneficiary, their benefits might continue.

The rules can be complex, and the impact of marriage on these benefits varies depending on specific individual and familial circumstances. It’s essential for families to understand how marriage might change the benefits landscape for their children and to seek professional advice when planning for such life events.

What Happens To These Benefits When A Spouse Passes Away?

When a spouse who is receiving Social Security disability benefits passes away, it can affect the surviving spouse’s benefits in different ways:

  • Survivor Benefits: The surviving spouse may be eligible for survivor benefits. This is based on the deceased spouse’s earnings record.
  • Age and Disability: The age and disability status of the surviving spouse play a crucial role. If they are 60 years or older, or 50 years or older and disabled, they might qualify for these benefits.
  • Benefits for Younger Spouses: If the surviving spouse is caring for the deceased’s child who is under 16 or disabled, they may receive benefits regardless of their age.
  • Amount of Benefits: The amount the surviving spouse receives typically depends on the deceased’s earnings record and the survivor’s age. It might be a percentage of the deceased’s benefit.
  • Impact on Own Benefits: If the surviving spouse is also receiving disability benefits, they might have to choose between their own benefits or the survivor benefits, depending on which is higher.
  • Reporting: It’s important to report the death to the Social Security Administration as soon as possible to update the benefits status.

Schedule Your Free Consultation With Grundy Disability Group

Understanding how marriage affects disability benefits can be complex. Grundy Disability Group can help navigate these waters. Contact us for a free consultation to discuss your specific situation and how we can assist you with applying for disability benefits.

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