Disability and marriage rules can significantly impact benefits for individuals receiving support. At Fusco, Brandenstein & Rada, P.C., we understand the complexities of navigating disability benefits while considering marriage. This guide explores how tying the knot might affect your disability benefits and what you need to know before making this important life decision.
How Does Marriage Affect Disability Benefits?
The impact of marriage on disability benefits varies depending on the type of benefits you receive. Two main programs provide disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Each program has different rules regarding marriage.
- SSDI: SSDI is an insurance program for workers who become disabled. Eligibility depends on your work history and the amount you’ve paid into Social Security through payroll taxes. SSDI benefits are generally not affected by income or resources. Marriage doesn’t impact SSDI benefits for most recipients unless they receive benefits based on someone else’s work record.
- SSI: SSI provides financial assistance to disabled individuals with limited income and resources. It’s a needs-based program that doesn’t require a work history. SSI benefits are affected by income, resources, and living arrangements. Marriage can significantly impact SSI eligibility and benefit amounts.
SSDI and Marriage
For most SSDI recipients, marriage doesn’t affect their benefits. Getting married won’t change your eligibility or benefit amount if you qualify for SSDI based on your work history. There are some exceptions, including the following.
Widow/Widower Benefits
These include:
- If you remarry before age 50, you’ll lose SSDI benefits based on your deceased spouse’s record.
- Remarrying between 50 and 59 may also affect your eligibility.
- Remarrying after 60 generally doesn’t impact your benefits.
Divorced Spouse Benefits
If you receive SSDI based on an ex-spouse’s record, remarrying will typically end your eligibility for these benefits.
SSI and Marriage
SSI benefits are more likely to be affected by marriage. The Social Security Administration (SSA) considers a couple’s combined income and resources when determining SSI eligibility. This can lead to benefit reductions or loss of eligibility.
What Happens If I Get Married While on Disability?
The consequences depend on your specific situation:
- SSDI Recipients: Most SSDI beneficiaries won’t see changes in their benefits after marriage. Those receiving benefits based on someone else’s work record may lose eligibility, however.
- SSI Recipients: Due to income and resource limits, marriage often affects SSI benefits. The SSA will count part of your spouse’s income as your own, potentially pushing you over the eligibility threshold.
Disability Benefits for Married Couples
When both spouses receive disability benefits, the rules can become more complex:
- SSDI: Marriage doesn’t affect their benefits if both spouses qualify for SSDI independently.
- SSI: When both spouses receive SSI, their combined benefit amount as a couple is often less than what they received individually. This is due to the SSA’s household income and resource limits.
The Marriage Penalty for SSI in 2024
The “marriage penalty” refers to the potential reduction in SSI benefits when recipients marry. In 2024, an individual’s maximum federal SSI benefit is $943 monthly, while a couple can receive up to $1,415. This means married couples receive about 25% less than they would as two single individuals.
Can Getting Married Affect Disability Benefits?
Yes, marriage can affect disability benefits, especially for SSI recipients. Here’s what you need to consider:
- Income Changes: Marriage may increase your household income, potentially affecting SSI eligibility or benefit amounts.
- Resource Limits: SSI has strict resource limits. As a couple, you’re allowed fewer resources than two single individuals.
- Living Arrangements: The SSA considers your living situation when calculating benefits. Sharing expenses with a spouse may reduce your SSI payment.
Reporting Marriage to the SSA
It’s crucial to report any marital status changes to the SSA promptly. Failure to do so can result in:
- Benefit disruptions
- Overpayments that you’ll need to repay
- Potential penalties
If you’re considering marriage and are receiving disability benefits, contact the SSA or a qualified attorney to understand how your benefits might be affected.
Strategies for Preserving Benefits
While marriage can impact disability benefits, there are strategies to minimize the effect:
- Understanding Your Benefits: Know which benefits you receive and how marriage might affect them.
- Timing Your Marriage: For widow/widower benefits, waiting until age 60 to remarry can help preserve eligibility.
- Managing Income and Resources: Carefully plan your finances to stay within SSI limits.
- Seeking Legal Advice: Consult an experienced disability attorney to explore your options.
Contact Us to Discuss Your Disability Benefits
Understanding disability and marriage rules is crucial for anyone receiving benefits and considering marriage. While SSDI benefits are generally less affected, SSI recipients may face significant changes. It’s essential to weigh the potential impact on your benefits against marriage’s personal and financial advantages.
If you’re considering marriage and want to understand how it might affect your disability benefits, don’t hesitate to contact Fusco, Brandenstein & Rada, P.C.. Our knowledgeable attorneys can help you navigate these complex rules and make informed decisions about your future. Contact us online or at 516-496-0400 for a consultation.