- September 15, 2017
- Personal Injury
- Social Security Disability
If you are considering marriage, there are several things you need to consider. Marriage, or remarriage, could influence your ability to continue receiving Social Security disability insurance (SSDI) benefits. Depending on the situation, your SSDI eligibility may be terminated.Here’s what you need to know:
How Marriage May Affect Your SSDI Eligibility
If you are receiving SSDI payments for your own work record, your eligibility will not be affected when you get married. This means you can get married and still receive SSDI benefits, provided they are based on your own earning record. Whether your spouse is working, is receiving separate disability, or has no income, you will still be able to continue receiving the same SSDI payments.
However, if you are receiving SSDI payments from someone else’s work record, such as your parent’s account, marriage will eliminate your SSDI eligibility. This means, if you are currently receiving SSDI benefits from your parent’s earning record, you will be unable to continue receiving payments once you marry. The only exception is if you marry another person who is receiving disability benefits from a parent’s account. In this situation, you and your spouse will be able to continue receiving SSDI benefits.
How Remarriage May Affect Your SSDI Eligibility
If you have been divorced or widowed, and are considering remarriage, your eligibility to continue receiving SSDI benefits from your former spouse’s earning record may be terminated. Under federal law, a surviving spouse who is 60 years old or older may continue receiving Social Security payments until death, unless he or she remarries. This rule also applies to surviving spouses who are at least 50 years old and are disabled.
However, if you are a surviving divorced spouse, you may still be able to receive SSDI benefits if you remarry. This only applies in certain situations. Knowing your options can help you understand your eligibility for SSDI payments, which can help you pursue the financial benefits you need.
You may retain your SSDI benefits from your deceased ex-spouse if you:
- Are not disabled and remarry when you are at least 60 years old
- Are disabled and remarry when you are at least 50 years old
However, a divorced spouse will not be able to retain SSDI eligibility after remarriage. By law, a divorced spouse can continue receiving SSDI payments from an ex-husband or wife’s work record if the marriage lasted for at least 10 years, and the SSDI recipient was at least 62 years old. These payments will continue until death, or until the divorced spouse remarries. This means, if you receive SSDI payments from your ex-spouse’s account, you will be unable to continue receiving benefits once you remarry.
Passionate Legal Assistance to Clients in Detroit
If you are facing complicated legal issues surrounding Social Security benefits, Goodman Acker P.C. can help. Our Detroit Social Security attorneys have decades of legal experience. If you have an SSDI claim involving a brain injury, spinal cord injury, chronic disease, or mental health condition, we can analyze your situation, discuss your options, and stand by your side every step of the way. Our firm can provide informative services as you pursue the financial assistance you need.
For diligent representation, contact us today. We offer free case evaluations for your convenience.