Marital status plays a significant role in determining eligibility for various Disability Benefits in the US, as well as the amount and type of benefits that individuals may receive. Understanding how being married, divorced, or widowed can impact disability benefits is crucial for individuals seeking financial assistance due to medical conditions or disabilities. This guide outlines how marital status affects Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) and provides insights into potential benefits for spouses and dependents.
Walker Firm, operating under the client-facing brand Casa de la Justicia, helps Spanish-speaking clients with their Social Security Disability Insurance (SSDI) claims. Based in Los Angeles, CA, and founded in 2022, we maintain a remarkable over 70% hearing win rate, surpassing the national average of 55%. With our robust media strategy, we attract over 2,000 clients annually. In addition, we partner with other local attorneys to ensure the thousands of injured Latinos that call us daily have access to experienced Spanish-speaking attorneys for all their needs, including worker’s compensation, auto accidents and slip and fall cases. For expert SSDI support and broader legal services, we are your go-to resource.
1. Social Security Disability Insurance (SSDI)
A. Impact of Marital Status
For individuals receiving SSDI, marital status can influence eligibility for certain benefits, as well as the amount received. The following points highlight the primary ways marital status can affect SSDI:
- Survivor Benefits: If a married individual receiving SSDI passes away, their spouse may be eligible for survivor benefits. To qualify, the surviving spouse must have been married to the deceased for at least nine months, although exceptions exist if the spouse is caring for a child under 16 or disabled. The survivor benefit amount is generally based on the deceased’s SSDI benefit.
- Dependent Benefits: Spouses and dependent children may qualify for benefits based on the primary SSDI beneficiary’s work record. If a spouse is caring for a dependent child under 16 or disabled, they may receive benefits based on the primary beneficiary’s earnings record.
B. Divorce and SSDI
Divorce can also impact SSDI benefits in the following ways:
- Divorced Spouse Benefits: If you are divorced but were married for at least ten years, you may be eligible for SSDI benefits based on your ex-spouse’s earnings record. To qualify, you must be unmarried at the time of application and must not have remarried before age 60 (or age 50 if disabled). The benefit amount will be equal to 50% of the ex-spouse’s benefit if you claim at full retirement age.
- Remarriage: If you remarry, your eligibility for divorced spouse benefits based on your ex-spouse’s record may be affected. However, if the subsequent marriage ends (due to death, divorce, or annulment), you may again be eligible for benefits based on your ex-spouse’s earnings record.
2. Supplemental Security Income (SSI)
A. Impact of Marital Status on SSI Eligibility
Unlike SSDI, SSI is a needs-based program, and marital status has a direct impact on eligibility and benefit amounts:
- Income and Resources: SSI benefits are determined by household income and resources. When applying for SSI, the income and resources of both spouses are considered, regardless of whether only one spouse is disabled. This means that a higher income from a spouse can reduce or eliminate eligibility for SSI.
- Living Arrangements: If you are married and living with your spouse, the SSA will evaluate both of your incomes when determining your eligibility for SSI. The combined income may result in reduced benefits or disqualification from the program altogether.
B. Effect of Divorce or Separation
Divorce or separation can affect SSI benefits in the following ways:
- Independent Eligibility: If you divorce or separate from your spouse, your income will be assessed independently. This could potentially improve your eligibility for SSI benefits if your spouse’s income was previously too high.
- Impact on Benefits: Upon divorce, you may find that your SSI benefit amount increases, as you will only be responsible for reporting your own income and resources.
3. Marital Status and Income Reporting
A. Importance of Reporting Changes
For individuals receiving SSDI or SSI, it is crucial to report any changes in marital status to the Social Security Administration (SSA). Failure to report these changes can lead to overpayments, which the SSA may seek to recover, resulting in financial complications and stress.
B. How to Report Changes
To report changes in marital status, beneficiaries can:
- Contact the SSA: Individuals can call the SSA at 1-800-772-1213 or visit their local SSA office to report changes in marital status and inquire about any potential impacts on their benefits.
- Provide Documentation: When reporting a change in marital status, individuals may need to provide documentation, such as a marriage certificate, divorce decree, or death certificate, to verify the change.
4. Benefits for Spouses and Dependents
Marital status can also open opportunities for benefits for spouses and dependents. Understanding the following aspects is essential for maximizing available resources:
A. Spousal Benefits
- Eligible Spouses: A spouse may be eligible for benefits based on the primary beneficiary’s work record if they are caring for a dependent child under age 16 or if the primary beneficiary is deceased.
- Amount of Benefits: Spousal benefits can be up to 50% of the primary beneficiary’s SSDI amount, depending on when the spouse chooses to begin receiving benefits.
B. Dependent Benefits
- Dependent Children: Children under the age of 18 (or up to 19 if still in high school) may be eligible for dependent benefits if the primary beneficiary is receiving SSDI. Additionally, disabled children who became disabled before age 22 may qualify for benefits based on the parent’s earnings record.
Conclusion
Marital status significantly affects disability benefits, particularly concerning eligibility, benefit amounts, and reporting requirements. Individuals receiving SSDI may have access to survivor and dependent benefits, while those on SSI must consider the combined income and resources of both spouses. Changes in marital status, such as marriage, divorce, or separation, require prompt reporting to the SSA to avoid complications with benefit eligibility.
Understanding the nuances of how marital status influences disability benefits can empower beneficiaries and their families to make informed decisions and secure the financial support they need during challenging times. Consulting with a qualified professional or an attorney can further clarify individual circumstances and optimize benefit opportunities based on marital status.