I am Disabled and get SSD. If I get married will it mess with my benifits?

Asked about 3 years ago - Austin, TX

I get $821.00 on my diabliaty, if I get married will it upset my checks form S.S.

Attorney answers (2)

  1. Geraldine Anne Brown

    Contributor Level 14

    Answered . Social Security Disability is means tested and the household income is considered. Talk to your caseworker.
    This is general information not intended as legal advice. No attorney-client relationship has been established. Geraldine Anne Brown is licensed in Michigan and practices Estate Planning. Probate and Elder Law.

  2. Susan Hogg

    Contributor Level 12

    Answered . Some types of Social Security disability benefits are affected by marriage and/or additional available income and some types are not. You need to check the notice you received when you were awarded disability benefits and the notice you receive every year telling you if there will be any CPI increase in your monthly benefit to make sure you know what kind of benefit you are receiving. Here is some information about the different types of Social Security benefits. http://www.ssa.gov/pubs/10029.html

    In general, if you are receiving SSDI benefits on your own wage earner's record (not that of a parent or an ex-spouse), your benefits would not be affected, but if you are receiving disability benefits based on your parent's wage earner's record (adult disabled child or other benefits) your benefits would end except in one situation. If you are receiving SSI (Supplemental Security Income) then getting married would mean that some of your spouse's income would be counted as income to you, and so your SSI cash benefit might be decreased or you might be no longer eligible to receive any SSI cash monthly benefit--it would depend on your spouse's income (earned & unearned) as well as what he/she owns (resources).

    You have not provided enough information to say which type of disability benefit you are receiving, so your situation might fit into any of the possible situations described above.

    It would be wise for you to take the papers you have received from Social Security to an attorney who is experienced in Social Security law, plus information about what your potential spouse earns (income) and owns, and let him/her tell you what may happen to your benefits if you marry.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Oregon. Responses are based solely on Oregon law unless stated otherwise.

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