5/7/11

Can You Be Married & Get Social Security Disability?

The Social Security Act protects both workers and their families --- including spouses, ex-spouses and children --- from hardship in times of retirement, disability, and financial struggle. Spouses may receive a benefit that equals the amount of their working spouse's benefit, as long as the worker meets requirements specific to the benefit the couple is applying for.
  • Definition

    • Social Security Disability benefits are divided into two programs. Disability Insurance, or SSDI, provides assistance with medical bills, procedures and prescriptions to the blind and severely disabled. Supplementary Security Income, SSI, aids the disabled and low-income with living expenses. The amount of the monthly benefit you receive is based on your average lifetime earnings. As of October 2010, disabled workers, on average, received a monthly benefit of $1,066, while spouses of disabled workers received $286.

    Eligibility

    • To qualify for SSDI, you must have a medical condition that will last at least a year or result in death. Examples range from mental illnesses and mood disorders to physical handicaps and chronic pain. Some conditions, including cancer and Lou Gehrig's disease (Amyotrophic lateral sclerosis, or ALS), are called "compassionate allowances" and may instantly qualify you for benefits. For SSI, your income must be under a certain threshold to qualify. Both benefits are available to dependent spouses, ex-spouses and children.

    Work Qualification

    • Anyone who wishes to apply for SSDI must have worked long enough while paying Social Security taxes to qualify. A non-working spouse may collect benefits, but only if she is married to someone who has worked long enough under Social Security. The older the applicant is, the longer he must have worked. For example, if you are disabled and under 28, you only need 1.5 years of work while paying taxes. However, if you are disabled and age 50, you need seven years of work to qualify. SSI, on the other hand, doesn't require that you've worked a number of years, but it does require that your income, assets and other Social Security benefits don't exceed a certain amount.

    Spouses and Social Security

    • Regarding SSDI, the spouse of a disabled worker usually qualifies to receive her own benefit. However, if the non-working spouse is disabled and doesn't have the proper work history, she probably won't qualify to receive SSDI (though she may qualify for SSI). Generally, the spouse of a disabled worker will only receive her own benefit if she is 62 or older, cares for the disabled spouse's child of age 16 or under, or cares for her spouse's child who is disabled. Caring for stepchildren, grandchildren, and adopted children may also qualify a spouse to receive benefits.

    Applying

    • There are two ways to apply for benefits. If you decide to apply online you'll need your personal information as well as your spouse's, work history, and medical information to fill out the last part of the application called the Disability Report. You may apply on behalf of your spouse, but your spouse must electronically sign the application himself. If you'd rather apply in person, call your local Social Security office or the SSA's main line at 800-772-1213 to make an appointment. The SSA recommends applying as soon as you become disabled, even if you think you do not have the appropriate documentation yet. The SSA will help you obtain the information you need to successfully complete your application.

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