To qualify for Social Security Disability Benefits (SSDI), you must have a severe medical condition that meets Social Security's definition of disability and have worked long enough and recently enough to be eligible. Your spouse's income does not affect your SSDI benefits, as they are based on your own work history and tax contributions. However, your spouse's income may influence your eligibility for Supplemental Security Income (SSI), a needs-based program.
Understanding Social Security Disability Benefits
What is Social Security Disability?
To meet the Social Security's definition of disability you must not be able to engage in any substantial gainful activity (SGA) because of a medically determinable physical or mental disability that could result in death or is expected to last for at least 12 months consecutively. Something to note is that there is a separate definition of disability for children (under age 18) who are applying for the Supplemental Security Income (SSI) program.
Eligibility Criteria for SSD Benefits
In order to be deemed eligible for SSDI benefits you must have worked in jobs that are covered by social security and have a medical condition that meets the strict guidelines outlined by the social security’s definition of disability.
Generally, SSDI is paid out monthly to people who are unable to work for a year or longer due to a disability. If you have suffered from a disability prior to submitting your application you could be paid up to 12 months prior to your submission date.
Spousal Benefits and SSD
To qualify for Social Security disability spousal benefits, you must meet the following requirements:
- Be married to someone receiving Social Security disability benefits.
- Be at least 62 years old or be under 62 and caring for a qualifying child.
- Have been married to your spouse for at least one year or be the parent of their natural child.
- Not be entitled to an old-age or disability benefit based on your own primary insurance amount that is equal to or larger than the full spousal benefit.
If divorced, you must meet the following requirements to be eligible for SSDI spousal benefits:
- Not currently married
- Have been married to your ex-spouse for at least 10 years.
- Have been divorced from your ex-spouse for 2 consecutive years.
- Your ex-spouse must be entitled to Social Security retirement or disability benefits.
- The benefit you would receive from your own work record must be less than the spousal benefit.
Factors Affecting Spousal Benefit Amounts
There are a number of factors that determine the amount of SSDI spousal benefits a person may receive such as age, retirement age, their spouses benefit amount, other retirement benefits and if the recipient is caring for a child of the disabled spouse who is under 16 or has a disability. The maximum spousal benefit is 50% of the spouses benefit at their full retirement age. Working with a dedicated Social Security Disability Attorney will help you fully understand the complicated workings of social security benefits.
The Impact of Your Spouse's Income on Your Benefits
Income Limits for Spousal Benefits
The yearly earnings limit for 2024 is $22,320. If you earn more than this amount and are under your full retirement age (FRA), your Social Security benefits may be partially or fully withheld.
How to Calculate Your Spousal Benefit Amount
The Social Security Administration (SSA) calculates spousal benefits by adding an excess spousal benefit to your current retirement benefit:
- Determine your retirement benefit
- Calculate the excess spousal benefit
- Add the excess spousal benefit to your retirement benefit
The excess spousal benefit is the difference between the maximum spousal benefit and your retirement benefit at FRA. The maximum spousal benefit is typically half of your spouse's full retirement age benefit.
Consult with a Social Security Disability Attorney
When trying to submit a claim for SSDI it can come extremely tiresome and frustrating, not to mention the possibility of being denied. Our team at Bruce L. Weider, PC is knowledgeable and experienced at navigating the complicated social security program and will work diligently to ensure you receive the benefits in which you are entitled.
When submitting a social security claim, it is extremely helpful to remain up to date with rules and regulations associated with social security. At Bruce L. Weider, PC our team ensures we are up to date with all of the rules and regulations involved with submitting claims to ensure we help you receive the benefits you deserve. Contact Bruce L. Weider, PC at (734) 485-0535 to get your free consultation and move in the right direction to getting the benefits in which you deserve.
