How Much Can Your Spouse Make If You Are on Disability?
September 5, 2024
When you have a disability, money is always a huge concern. You’ll need enough to cover your living expenses and daily needs. The Social Security Administration (SSA) offers programs, including Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), to help those who find themselves in these situations.
However, both of the Social Security Administration (SSA) programs for Social Security benefits have rules with strict guidelines, which can make it a challenge to get the disability benefits you need. Your spouse’s income may affect how much you receive. If your spouse makes a large income, it may reduce your disability benefits or even prevent you from receiving them.
Pisegna & Zimmerman Attorneys at Law are dedicated to providing comprehensive legal services to individuals navigating Social Security Administration disability benefits. Our firm focuses on disability insurance claims, Social Security Disability Insurance (SSDI) guidance, Supplemental Security Income (SSI) benefits, and providing legal counsel for married individuals on disability.
In this blog post, we answer the question, “How does my spouse’s income affect my disability benefits?” by discussing how your spouse’s income affects SSI benefits and SSDI benefits and providing tips on what you can do.
Understanding the Difference Between Supplemental Security Income and Social Security Disability Insurance
It’s important to first understand that while they are both provided by the SSA, SSI benefits and SSDI benefits are different. Social Security Disability benefits, or SSDI, provide income to disabled individuals who are unable to work.
Social Security Disability benefits are usually not impacted by a spouse’s income. You can receive SSDI benefits without your spouse’s income affecting them because while you were working, you already paid into the SSA system. Therefore, SSDI benefits are based on the prior earnings you made, not your spouse’s earned income.
SSI disability benefits work a bit differently. SSI benefits may be impacted by what your spouse makes. The SSI program is for low-income individuals with a disability. In order to be eligible for SSI, there is an SSI income limit to allow those with low income to receive SSI benefits. The SSI benefit is available for those who are over the age of 65, disabled or blind, and who have limited income.
The key difference between SSDI and SSI is that you can only be eligible for SSI if your income level is deemed too low and if you are married, your spouse’s income counts toward your income. Receiving SSI payments may not be possible if your spouse’s income is higher than the threshold. For Social Security Disability benefits, you only need to meet the qualifying factors to receive SSDI benefits.
How Is a Spouse Defined by the SSA?
A spouse’s income won’t prevent you from claiming SSDI benefits but if you need SSI, you must know how the SSA defines a spouse. The guidelines are as follows:
- You live in the same household with this person and are legally married
- You are conducting yourselves as married
- One of you is entitled to the other’s SSA benefits
The SSA will review many things to make its determination on the amount of monthly benefits you can receive or if you qualify to receive them at all. The way a spouse is defined could drastically impact your benefits. It is always wise to consult with a local disability lawyer to get help with this process. It can be challenging to qualify and you do not want to waste precious time getting the disability benefits you need.
The Process of Deeming Income for Social Security
Social Security uses a process to determine spousal income. You might wonder what income does the SSA deem in terms of your spouse’s income. It is a complex process but it is even more so if you also have a disabled spouse.
If only one of you is seeking SSI benefits, the process starts with Social Security determining the income your spouse makes. It then subtracts for any minor children in the household. Once it makes this determination, it compares the remaining income amount to the SSI limits for eligibility.
The final step in the deeming process is for Social Security to consider whether you qualify. It will likely use any SSI deductions to reduce spousal income for eligibility. The current limit for a couple is $1,191 per month. If one spouse earns more than this amount, it may mean you receive a reduced monthly benefit. You could also be denied on your Social Security disability claim.
Do Disability Benefits Affect SSI Benefits?
While you can get both SSDI benefits and SSI, you should know that your Social Security disability benefits may affect them. If you get SSDI benefits, it may cause the SSA to reduce your SSI or even render you ineligible.
Receiving disability benefits through SSDI is not subject to earned income exclusion. However, SSI serves those who qualify within the income limit. Therefore, you can’t get SSI if your countable income exceeds the level set by the federal government.
Social Security considers SSDI to be countable along with other benefit payments but if you get payment from SSDI that is above the threshold, you will not get SSI. If your SSDI is not that high, you may still receive Social Security benefits from both, though the SSI will be reduced.
In some cases, it may be beneficial to tap into both to help you with your expenses while managing your disability. For example, if you’re a disabled worker with a valid work history but your job was low-wage, SSI may bridge the gap for you. Additionally, SSDI has a waiting period, and using both Social Security programs can help you get money coming in until that period has passed if you qualify.
What to Do If Your Spouse’s Earnings Affect Your Benefits
The SSA uses a complicated formula to determine if you are eligible and how much you’ll receive. Given that many other factors can affect it, such as any other income you may have, income from an ex-spouse, or even self-employment income, it is in your best interests to consult a disability attorney.
You may find that you have a clearer understanding through a discussion with a professional who has specific knowledge of the requirements that make a person eligible and the factors that can diminish payments. Additionally, since the process is complex and often requires appeals, it is wise to obtain legal counsel from the start to help you overcome any potential obstacles to claiming benefits.
If you are a disabled worker, you can claim SSDI based on your work credits as this program is to provide for a disability to those who have paid into the system. If your income is low, you may be able to utilize both programs but marital status and the income of your spouse may play a role in the determination.
Contact Pisegna & Zimmerman Attorneys at Law to schedule a free consultation to learn more about your options in your quest for benefits.