When you’re faced with a disability and you’re worried about your spouse and their income, you might be wondering, “can my spouse work while I collect disability?”
If you are collecting Social Security Disability benefits, your spouse’s income will not affect your earnings.
The SSDI program, which is the program in which you pay FICA taxes over many years, has no income limits. However, if you are receiving Supplemental Security Income (SSI), it will affect your benefits.
Before you make any decisions regarding marriage or disability benefits, you should always consult with an SSA representative. Contact us for a disability expert who can answer any questions you may have and assist you with your application.
Need immediate assistance? Complete this FREE evaluation form. There are no upfront costs to work with us. We only receive a fee directly from the Social Security Administration if you win your disability case – no out-of-pocket expense for you!
How Do You Qualify For Disability Benefits?
To qualify for disability benefits, you must have a medical condition that meets Social Security’s definition of disability. SSA defines disability as:
- Not working or making less than $1,200 a month.
- Your condition limits your ability to do basic work for at least 12 months.
- Your condition is found on the list of disabling conditions.
- You must not be able to do the work you previously did, or any other type of work.
If you meet the above description, you will also need enough work credits, which are based on your total yearly wages.
You can earn up to four credits each year, and the amount needed for a credit changes from year to year. Additionally, the amount of credits you need depends on your age when you become disabled.
Who Is Considered A Spouse?
If you are legally married and are living together, then the Social Security Administration will deem your spouse’s income. As of January 2019, there is no deeming between those in a domestic partnership or civil onion.
However, if you live with a boyfriend or girlfriend and you hold yourselves out in the community to be husband and wife, the SSA will deem your boyfriend or girlfriend’s income to you.
When Is A Spouse’s Income Deemed To You?
– If you and your spouse have no children and your spouse makes more than $386 per month, his or her income is subject to deeming.
– If you have one child, your spouse’s income is subject to deeming if he or she makes more than $772 per month.
– If you have two children, your spouse’s income is subject to deeming if he or she makes more than $1,158 and so on, adding $386 for each child.
Contact Us For Assistance
Have specific questions about whether your spouse can work while collecting disability? We are available to help answer questions or clarify information about how Social Security Disability benefits work. Contact us today to get started.