Can My Spouse Work If I Am Collecting Social Security Disability?
If you are currently applying for Social Security disability benefits or are currently receiving them, you may be wondering if your spouse is eligible to work without affecting your benefits. When asking this question, it is essential to be clear about the type of Social Security disability benefits you are applying for or receiving. Both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits are administered through the Social Security Administration (SSA) and are paid to disabled people, but the eligibility requirements are much different.
In short, if you are receiving SSDI, your spouse’s income will have no impact on your benefit amount. However, if you are receiving SSI, your spouse’s income could affect your benefit — it will depend on your circumstances. Our national disability benefits lawyers can explain in more detail.
Understanding the Differences Between SSDI and SSI
To understand why a spouse’s income will not affect SSDI payments but could impact SSI payments, it is critical to understand the key differences between SSDI and SSI payments. In order to be eligible for either SSDI or SSI, you must first meet the definition of a disability that the SSA uses from the Federal Register. In brief, you must have medical evidence that shows you have a condition expected to last for at least 12 months or to result in your death, and it must largely prevent you from working. SSDI and SSI share this initial eligibility requirement.
The next eligibility step, however, is drastically different between SSDI and SSI. After proving that you have a disability, you can obtain SSDI benefits by showing that you have worked long enough and recently enough to qualify. The amount of your income while you were working has no effect on your eligibility — it only impacts the amount of your SSDI benefit. To be clear, you could have earned a very high wage or a very low wage and still be eligible for SSDI. This type of benefit is not income-based. SSDI payments, however, are based on your having limited assets.
How a Spouse’s Income Affects SSDI or SSI Benefits
As we noted above, a spouse’s income has absolutely no impact on SSDI eligibility or continuing payments.
However, a spouse’s income could impact your eligibility for SSI. Whether your spouse’s income will impact your eligibility will depend on your circumstances. Generally speaking, if you are legally married and living with your spouse in the same household, your spouse’s resources (minus “certain exclusions,” according to the SSA) will be counted as your resources for purposes of determining your eligibility for SSI.
In sum, if you plan to seek or are receiving SSDI, your spouse can work and earn any amount of money without impacting your eligibility. However, if you receive SSI, you will need to determine how your spouse’s income could affect your benefits eligibility.
Contact a National Disability Benefits Attorney
If you have any questions about SSDI eligibility or factors that will impact your benefit amount, you should seek advice from one of the experienced national SSDI benefits lawyers at the Law Offices of Stephen Barszcz. Contact us today for assistance with your case.
Source:
ssa.gov/OP_Home/cfr20/416/416-1802.htm
