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We are often asked if an individual’s spouse will affect the amount of Supplemental Security Income (SSI) benefits he or she will receive. In short, the answer is yes.
The SSI program is designed to meet the needs of elderly people or individuals with disabilities who are unable to work. If your spouse is able to work and receive an income, at least a portion of this amount is considered Deemed Income, and the SSA certainly figures it into the equation when calculating SSI benefits.
According to the SSA’s website, Deemed Income is “the part of the income of your spouse with whom you live, your parent(s) with whom you live or your sponsor (if you are an alien), which we use to compute your SSI benefit amount.
If the SSA calculates your “countable income” above a certain figure, you may be ineligible for the Supplemental Security Income program. But if you no longer live with your spouse or if your spouse is also eligible for SSI benefits, his or her income will not factor into your claim.
However, when it comes to the Social Security Disability Insurance (SSDI) program, it’s completely different. Eligibility is based on your own past income and taxes you have paid throughout your work history, totally independent of your spouse’s income.
If you need help determining how your spouse’s income factors into your case for SSI or SSDI benefits, an experienced Social Security Disability attorney can help. Call the West Virginia offices of Jan Dils, Attorneys at Law, toll-free at 1.877.526.3457 or send an email to schedule your 100% free initial meeting with our expert staff. We can help you get the benefits you deserve.
Jan Dils, Attorneys at Law