Friday, June 14, 2024
Law

Can I Continue To Work If My Spouse Receives SSD Benefits?

It’s not uncommon for a person receiving Social Security disability benefits to have a spouse who continues to work. Unfortunately, if you find yourself in this situation, you need to consult with an SSD lawyer because it could affect the disabled spouse’s eligibility for a continuation of benefits.

Social Security has two distinct programs paying disability benefits: Social Security Disability Insurance and Supplemental Security Income. Although they both use the same criteria to determine whether an adult claimant is disabled, they have different non-medical requirements.

In order to answer the question about the effect that your working will have on your spouse’s eligibility to continue to receive benefits, we must look at the non-medical eligibility requirements for SSI and SSDI. Deemed income rules that pertain to the SSI program could cause some of your earnings to affect your spouse’s eligibility for benefits.

SSDI benefits and a spouse who works

According to the U.S. Bureau of Labor Statistics, more than half of all households in the country depend on income derived from both spouses working to cover household expenses, so a disability that prevents one earner in the home from continuing to work increases the likelihood that the other spouse must continue working to avoid financial hardship.

The earnings that you receive from employment or through self-employment do not affect the eligibility of your spouse to qualify for or continue to receive benefits through the SSDI program. Your spouse must have a work history of a long enough duration to qualify for SSDI. Whatever your work history or current earnings may be does not affect your spouse’s benefits.

SSI benefits and a spouse who works

The SSI program, unlike SSDI, takes spousal income into account when determining a person’s eligibility through a process known as “deeming.” When a person applies for SSI benefits, the income and resources or assets of the parent of a minor child or a spouse may be considered in determining eligibility for benefits.

If you live with your spouse who applies for or receives SSI benefits, a portion of your income will be deemed available to your spouse. This may affect your spouse’s eligibility for SSI because there are strict limits on income and resources.

Before your income is deemed to your spouse, you need to determine your total monthly income.  If you earn $420 a month or less and have no children, your income is not subject to deeming in 2022. If you and your spouse have children, add another $420 for each child to determine whether or not deeming applies to you.

The fact that you have enough monthly income to make it subject to deeming does not mean that all of it is deemed to your spouse. Under a formula that Social Security uses, you are allowed to deduct $420 for each child living with you before your income is combined with income of your spouse, but even then, guidelines allow for deductions that reduce the income that is actually counted.

Get advice from an SSD lawyer

The best way to determine how income that you earn while working will affect your spouse who receives SSD benefits is by consulting an SSD lawyer at the Law Firm. There is no charge for a consultation and claim review.

About Author:- Francis Babet loves pursuing excellence through writing and has a passion for Legal. He currently writes for the Disability law Firm, a USA Based Law Firm that provides Short-term disability, SSD, SSI, SSDI, Personal Injury, and Disability pay. His work has been published on various sites related to Social Security Disability, Supplemental Security Income, Disability Benefits and Disability Approved.

Patch Sagan
the authorPatch Sagan