Marriage and SSI

[jmwells33]

I am currently on SSI for my MS cause its left me unable to balance walk very far and not able to drive... my question is this if in the future i met someone and wanted to marry would my ssi be denided or taken from me for that.

[MSW1963]

jmwells33, here is a link to SSA that provides info about SSI benefits and marriage.

http://www.socialsecurity.gov/OP_Hom...6/416-1802.htm

Based on info I gleaned from other sites, it seems that filing seperate Federal Income Tax Returns may have a positive affect on your SSI benefits.

Hope this helps.

[Rich Feingold]

Spousal deeming

Hello, jmwells33 and MSW1963. MSW1963, if you have further information regarding how filing separate tax returns might have a positive affect on an eligible spouse's SSI benefits, please provide that information as I have not seen information from SSA indicating that is applicable. If you do have any links, that would be helpful.

The issue here is called spousal deeming, where income or resources or an ineligible spouse can affect the eligibility for or amount of SSI benefits.

For a much more detailed elucidation of how SSA figures the deeming of income from an ineligible spouse to an eligible spouse, see https://secure.ssa.gov/poms.nsf/lnx/0501320400.

Rich

[MSW1963]

Rich, it makes sense that household income would be taken into account versus SSI applicant's income based on tax filing status. Thanks for setting the record straight for all who refer to this thread.

[Rich Feingold]

Accurate information

Thanks, MSW1963. I just want to be sure that accurate information is being provided here on this board although the information provided is general and is not to be relied upon as legal advice for anyone's particular situation.

I have found that there are many nuances to representing claimants in Social Security disability claims. There are a number of sources of law, also.

Not only is there the Social Security Act, but there also are Social Security regulations interpreting the Act. In addition to the Act and the regulations are SSA's Rulings which help to interpret the Act and Regulations.

SSA's Program Operations Manual System (POMS) which provides detailed guidance as to how SSA interprets and implements the law is also quite helpful.

Besides all of this, there are federal court cases, which can and do interpret the law differently, depending upon, for example, which circuit court is issuing the decision.

This is, in part, what makes this area of law so challenging, and such an interesting area in which to practice. Of course, it also is very fulfilling in that you get to help people.

Rich

[MemphisSlim]

Question: I am on SSDI - can my spouse retire at 62 and use my SSI?

I was under the impression that SSDI and SSI are not the same and not funded by the same government "fund".

My SSDI booklet says "certain members of your family may qualify for benefits based on your work", and one qualifier is that she is my spouse if she is 62 or older.

I am using my SSDI benefit.
I am not using my SSI benefit.

My wife's SSI at 70 is only slightly more than my SSI at age 62.

i wanted to ask the question here because most times a call to SSI is spot on but sometimes it is completely wrong!

thanks.

Thanks, MSW1963. I just want to be sure that accurate information is being provided here on this board although the information provided is general and is not to be relied upon as legal advice for anyone's particular situation.

I have found that there are many nuances to representing claimants in Social Security disability claims. There are a number of sources of law, also.

Not only is there the Social Security Act, but there also are Social Security regulations interpreting the Act. In addition to the Act and the regulations are SSA's Rulings which help to interpret the Act and Regulations.

SSA's Program Operations Manual System (POMS) which provides detailed guidance as to how SSA interprets and implements the law is also quite helpful.

Besides all of this, there are federal court cases, which can and do interpret the law differently, depending upon, for example, which circuit court is issuing the decision.

This is, in part, what makes this area of law so challenging, and such an interesting area in which to practice. Of course, it also is very fulfilling in that you get to help people.

Rich

[jreagan70]

I was under the impression that SSDI and SSI are not the same and not funded by the same government "fund".

That is correct. They're not the same, and it sounds like you've confused Social Security retirement income, Social Security Disability Income (SSDI) and Supplemental Security Income. It might also be that you believe that some of the information you're getting on the phone from the government agency is incorrect because the standard of "correctness" you're comparing the answer to is, itself, incorrect.

It would be beneficial for you to go to the Social Security Administration (SSA, not SSI) website and look at the definitions of, and differences between, the programs. Leaving out the details is undoubtedly contributing to your confusion.

What I'm going to say is reasonably good guidance, but you must go to the SSA website to get correct information for yourself.

I am not using my SSI benefit.

There is no such thing as an "SSI benefit" in the way you're using the term. SSI is available only to people who are 1) aged or disabled and 2) having an income (single or joint married) so low that it puts them below the poverty line.

SSI is 1) for individuals only, 2) income dependent, and 3) not assignable to or usable by anyone else. It's essentially welfare for the aged or disabled poor. You can't get SSI unless you're poor. And a spouse or survivor can't use anyone's SSI.

I am using my SSDI benefit.

You are, but no one else can use your SSDI. Any spousal or survivors benefits are based on your retirement benefit, not technically your disability benefit. In fact, your own disability benefit is based on your retirement benefit. Your disability benefit is really your retirement benefit that you were allowed to take early because disability forced you to "retire" early, that is, before you reach full retirement age. The reason a spouse can claim benefits from a disabled spouse's account is that the disabled spouse is considered to be retired. Otherwise, a spouse isn't able to receive benefits based on a spouse's account until the spouse reaches retirement age.

My wife's SSI at 70 is only slightly more than my SSI at age 62.

Neither one of you has SSI. It sounds like you've confused SSI with Social Security retirement income, which is based on age. At full retirement age, the Social Security retirement benefit is not based on current income, and the primary beneficiary's account can be used to pay income to survivors, and spouses and ex-spouses under specific conditions. All of this is explained on the SSA website.

It sounds like what you mean is that your wife's Social Security retirement (based on age) benefit at 70 is slightly more than your SSDI benefit at 62 (which is the same as your retirement benefit at full retirement age). That may be because your wife made more money than you and/or that she waited (or will be waiting) until full retirement age -- or up to age 70 -- to start taking retirement benefits.

Because you started taking your retirement benefits early (at age 62), your benefits will never get any higher. SSDI is calculated as if you were already of full retirement age when you started receiving SSDI. When you reach full retirement age, your benefits will just be "converted" to regular retirement benefits, even though the amount won't change. "Disability" is the same thing as "retirement at full retirement age." At full retirement age, there's no such thing as disability.

My SSDI booklet says "certain members of your family may qualify for benefits based on your work", and one qualifier is that she is my spouse if she is 62 or older.

When she is 62, your wife can start receiving retirement benefits from your, rather than her, retirement account. At 62, she will receive less than 50% of your current benefit, reduced from 50% based on her early retirement age. At her full retirement age, she is or will be entitled to 50% of (but no more than) your current benefit.

Sometimes a spouse receives higher benefits on their own account because their benefit is higher than 50% of their spouse's. If your wife's benefit is greater than 50% of yours, there's no reason for her to claim on your account and take a lower benefit.

Again, all of this is explained on the SSA website. So please get the information directly from them.