January 14, 2016
The disability attorneys at Disability Associates discuss how one spouse’s income can affect the other spouse’s Supplemental Security Income disability benefits.
If you are married and your husband or wife earns an income for your household, the Social Security Administration (SSA) may suspect that your spouse’s income is readily available to you as well. As a result, if you proceed to apply for disability benefits through SSI, and your spouse receives a considerable income, your disability payments could be substantially lowered or even denied.
Initially, it is important to note who can be considered a spouse. For the purpose of earning income, if you are legally married to a person and living together, you are considered married in terms of sharing income. If you live with a boyfriend or girlfriend and your records indicate that you financially support each other, the Social Security Administration will “deem” that income yours too.
Next, you should find out when a spouse’s income will be deemed to you. If your spouse makes more than $361 per month, it is possible that his or her income will be deemed to you. If you have one child and your spouse makes more than $733 per month, your spouse’s income is subject to deeming. If you have two children and your spouse makes more than $1,100 per month, your spouse’s income is subject to deeming, and so on and so forth.
Lastly, you must find out how much of the spouse’s income will be deemed. The SSA has a complicated formula for deeming such so it would be in your best interest to contact a Social Security disability attorney to represent you. Referring to the guidance of a disability attorney could prove extremely beneficial as he or she will be able to explain the deductions, exemptions and/or requirements that could apply to your case, possibly increasing your likelihood of receiving benefits.
For those individuals who receive Social Security benefits through Social Security Disability Insurance (SSDI), you do not need to worry about your payments being affected by a spouse’s income. The SSDI program has no income limits for those who paid FICA taxes throughout the course of employment, so this factor does not apply.
However, if you have obtained SSI payments, it is critical to have a Social Security disability professional on your side so that you are informed of the potential adverse effects of your spouse’s income. For more information about how a spouse’s income may affect your Social Security disability benefits, contact Disability Associates today.