What Effect Does Marriage Have on SSDI Benefits?By Kenton Koszdin Law Office on July 19, 2022 | In Blogs
Did you know if you are disabled and receiving Social Security Disability (SSD) benefits, your marital status does not impact your SSD payments? You will continue receiving SSD payments if you remain single or married.
However, SSD programs have different eligibility requirements for married and unmarried people associated with a disabled individual. Some benefits are only for those members of the family that are not married, for instance, children of disabled parents. On the other hand, if you divorce a disabled person and remarry, your benefits on account of your ex-spouse will cease.
Can Marriage Affect Your SSDI Benefits?
Your ability to receive SSDI payments based on your personal disability and earnings history will never be affected by getting married. The SSDI payment is given to disabled employees who have contributed to Social Security over a period. You can be single or married as long as you meet the Social Security Administration’s criteria of disability in order to qualify for SSDI.
Your work record and present level of disability will determine whether you are eligible for SSDI benefits. Here are some points to keep in mind:
- For SSDI payments, work credits of 40 or more are typically needed, 20 of which must have been completed within the last ten years.
- If you are 31 years old or younger, you might be able to qualify with fewer work credits.
- You must also be unable to execute the essential functions of your employment or take up other forms of employment due to your disability condition.
- Your disability must last or be expected to last for at least a year or be life-threatening.
Children and SSDI
If a child who receives SSDI benefits on their parent’s account marries, they will no longer be eligible to claim those payments. Benefits are available to disabled workers’ children until they turn 18 or if they are 19 and enrolled in high school full-time.
Widows/Widowers and SSDI
Remarrying results in the loss of SSDI payments for individuals that have lost a spouse. As long as the individual does not remarry, a widow or widower who is either 60 years or older than 50 and disabled are eligible for SSDI benefits till they are alive.
Divorce and SSDI
In case the SSDI benefits you receive are due to the work record of the ex-spouse, you will lose your SSDI benefits if you remarry.
The SSA may provide you with disability benefits if one of the spouses is disabled and cannot work due to the disability. Seeking a lawyer’s assistance can help you determine if you’re qualified to get SSDI benefits.
The Kenton Koszdin Law Office, Social Security attorneys in Van Nuys, can help you navigate the disability review process and further help in recovering lost or unclaimed benefits. Call 800-438-7734 for your initial free consultation in our office or from the comfort of your home.