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Will i loose my disability benefits if i get married?

Denver, CO |

I am on disability for bipolar and depression. i am thinking about getting married will i loose my benefits?

Attorney Answers 4

Posted

That depends. If you receive SSDI, which is based on money you paid into the system though employment, then no, you would not lose benefits by getting married. SSI benefits, however, have income guidelines, so you could lose benefits if your spouse has income or assets that exceed those limits.

Attorney Inga Stevens is licensed in Maine. She provides general information on Avvo.com. No attorney-client relationship arises out of the information given here.

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Posted

My colleague's response is correct. I add that if you are on disabled adult child benefits which arre awarded to people who become disabled before age 22, you cannot be married. If you get married, that type of benefits eligibility is lost forever.

You may wish to get a free initial consultation with an attorney who can ask a few more questions and give you a more complete response. You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. Most attorneys who do any amount of Social Security work are members of NOSSCR and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.

The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.

I hope this helps. Good luck to you!
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The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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Posted

SSI, quite possibly, SSDI absolutely not.

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Posted

Be careful. As said earlier, if your benefits are SSI (supplemental security benefits) and not SSDI (social security disability insurance) getting married could cause you to loose your benefits. If your fiancé is on SSI or SSDI this income may not be used to disqualify you from continuing to get your SSI.

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1 comment

Brian S Wayson

Brian S Wayson

Posted

I disagree somewhat technically with the dual SSI situation analysis. While a marriage of spouses both on SSI will not cause one or the other to necessarily lose their SSI benefits, the married couple maximum SSI benefit is less than the sum of two individual maximum benefits and the resource limit for a married couple both on SSI is lower than the sum of two individual resource limits.

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