My girl friend is 51 she receives social security disable benifits, she is a widower and receiving his social security benifits, can she get...

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Gary,

Question 1

How will marriage affect my disability benefits?

Getting married may affect your disability benefits in a variety of ways. This is largely dependent on what type of benefits you receive—Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

If you receive SSI benefits, you likely already know that eligibility is determined based on your income and financial resources. Once you get married, the SSA will “deem” a portion of your spouse’s income to your record. Essentially, this means that they will consider your future husband or wife’s income to be your income as well. This may significantly reduce your monthly payment or even cause the SSA to terminate your benefits altogether.

It is important to note that, if you live with your significant other but are not yet married, the SSA may still decide to deem some of your partner’s income to your record. Currently, the SSA does not deem between same-sex couples even if they are married, registered domestic partners, or have a civil union license.

Learn more about spousal deeming and how it will affect your SSI benefits, here: Spousal Deeming.

If you receive SSDI on your own earnings record, getting married will have no impact on your benefits—no matter how much money your future spouse earns. If you receive SSDI based on someone else’s earnings record, your benefits could be affected in the following ways:

• If you receive SSDI benefits under an eligible parent’s record, getting married will cause your benefits to be terminated. The only time benefits will not be terminated in this circumstance is if you are marrying another disabled adult child.
• If you are currently receiving SSDI benefits on the work record of an ex-spouse, your benefits will be terminated if you remarry. This also applies to individuals who receive SSDI on the record of a deceased ex-spouse who remarry before age 50 if disabled, and before age 60 if not disabled.

Question 2

Who Is Eligible for a Spousal Benefit?

See the attach link (straight from Social Security):

https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html

The questions answered are based on current 2017 regualtions

Before you make any decisions regarding marriage or disability benefits, you should always consult with an SSA representative. That way, you can avoid unknowingly compromising your benefits.

 Victor Santucci  EA

Gary,

Do you need further assistance with your original questions?

Victor Santucci  EA