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Will my sons (ssi) get taken away if i get married? will it affect him in anyway?

Laredo, TX |

my son is currently 3 yrs old and has been reciveing ssi for a while now , i have found myself getting married soon and my mother states that my soon to be marriage will affect his (ssi) . is that true?

Attorney Answers 3

  1. Best answer

    Yes, your mother is correct in that your pending marriage probably will affect your child's SSI benefits. Once you are married your spouse's income and resources will count in the calculations Social Security makes about your son's eligibility and benefit level.

    In general, unearned family income, after a few small deductions reduces the child's SSI benefits by one dollar for every two dollars the family receives. Earned family income is figured differently, as the parents get some allowance for family living expenses, including care for any other children in the home. The family earned income would have to exceed approximately $2500 monthly to take away the entire SSI payment.

    So long as the disabled child receives $1 in SSI payments each month, the child probably is still eligible for Medicaid health coverage.

    Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

  2. Social Security looks at all the income and the household expenses for deciding SSI eligibility. My colleague is correct. It is unfortunate, but this is an example of where the government actually penalizes, or discourages, people getting married.

    Good luck to you.

    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.

  3. SSI should be more correctly named Welfare Disability. If it was people would understand any time you are on SSI or applying for SSI the family's financial status must be considered. Marriage means the spouse's income and assets will now be considered.

    This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.