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Blog /2013 /August /My Spouse Draws Social Security Benefits; Will This Affect My Ability to Draw Benefits as Well?


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My Spouse Draws Social Security Benefits; Will This Affect My Ability to Draw Benefits as Well?

Aug 8, 2013 /
Donati Law, PLLC
  • social security /
  • Social Security Disability Benefits /
  • Social Security FAQs /

Answer: It may possibly have an impact, depending on the type of benefit.

Both Spouses Drawing SSDI

First, if your spouse is drawing benefits under Social Security Disability Insurance benefits (SSDI), then there should be no effect whatsoever on your claim if you are also drawing under SSDI as well. This program is based on what you have paid into the system and does not take your household income into account.

Both Spouses Drawing SSI

If you and your spouse have not paid in sufficiently to qualify under SSDI, you may still be eligible for the needs based program known as Supplemental Security Income (SSI). Unlike SSDI, this program requires that your income and resources be sufficiently low for you to be accorded help. In making this determination, the Social Security Administration considers your household income, not just income that you earn. This will mean that if your spouse draws a check from Social Security, it will be counted as a resource to you. Fortunately, if your spouse is drawing SSI benefits, it is possible for you to draw SSI benefits as well, though both of your benefits will be reduced.

For 2013, the monthly maximum SSI payment was $710 for an eligible individual and $1,066 for an eligible individual with an eligible spouse. This will give a total maximum payment of $8,529.32 for an individual and $12,792.55 for a couple. This means that two individuals drawing SSI benefits will receive approximately $5,000 less each year if they are married than if they were single and living separately.

One Spouse Drawing SSI and One Drawing SSDI

In this instance, the spouse drawing SSI benefits will have his or her benefits reduced or possibly eliminated. The determining factor in this instance is the amount of benefits received under SSDI. If your spouse’s SSDI check is large enough then you will not be eligible for a check under SSI.

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