What Effect Does Marriage Have On Disability Benefits?

One of my Metairie social security disability clients called last week and asked whether her impending marriage would affect her disability benefits. While I was able to answer her question quickly, her question made me think of the others out there wondering the same thing.

social security marriageThe answer to this question is a little tricky because it depends on your situation. Are you receiving benefits as a disabled worker or are you disabled because of a medical condition? How long have you been disabled? Is it a temporary thing or is it permanent? Are you receiving SSI benefits or disability insurance benefits? The answers to these questions will have a significant impact on whether your benefits are affected when you say ‘I do’.

The Social Security Administration has a brief page on this, and it may answer some of your questions.

If you are receiving Social Security Disability benefits (Title II) or retirement benefits based on your own work record, these benefits are generally not affected by marriage.

If you are receiving Social Security Disability Widow/Widower benefits or Disabled Adult Child Benefits, your eligibility for continuing benefits will likely be impacted.

If you receive Supplemental Security Income (Title XVI), marriage may affect your benefit amount, depending on how much your new spouse earns.

If you are receiving disability benefits and are thinking of getting married, it never hurts to talk to a skilled Social Security attorney who can give you intelligent answers that steer you in the right direction.

Loyd J. Bourgeois
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Disability and Personal Injury Attorney