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You can get Supplemental Security Income (SSI) if your spouse gets Social Security Disability Insurance (SSDI). However, your spouse’s monthly benefit could put you above the income limit.
Before you or your spouse receives Social Security Disability benefits, you must meet eligibility requirements. Continue reading to learn more about securing payments or appealing denied claims or revoked disability benefits. Our Social Security Disability lawyer in Rutherfordton may make the process easier for you and your family by applying our legal knowledge and experience to your claim.
What Are SSI and SSDI?
SSI (Supplemental Security Income) and SSDI (Social Security Disability Insurance) are two separate and distinct programs overseen by the Social Security Administration (SSA). Both programs provide monthly payments to disabled people.
Medical requirements for receiving benefits are the same for SSI and SSDI, but the work and income requirements differ. SSI is available to those with limited income and resources, while SSDI is available to those with work credits earned through employment. Usually, you need a minimum of 40 credits to qualify, though the number of required credits can depend on your age and work history.
How do You Qualify for Social Security Disability?
You must have a medically qualifying condition to qualify for SSI or SSDI. The SSA lists eligible impairments and the criteria it uses to evaluate them in the SSA Blue Book. Qualifying medical conditions include but are not limited to the following:
- Spinal injuries
- Blindness
- Chronic respiratory disorders
- Ischemic heart disease
- Chronic liver disease
- Chronic kidney disease
- Blood disorders
- Severe burns
- Endocrine disorders
- Multiple sclerosis
- Epilepsy
- Amyotrophic lateral sclerosis (ALS)
- Parkinson’s disease
- Mental and personality disorders
- Cancer
You may secure benefits even if your ailment is not in the Blue Book, but you must supply the SSA with medical records and evidence proving it is severe enough to prevent (or be expected to prevent) you from performing substantial gainful activity (SGA) for at least one year or result in your death.
According to the SSA, the 2024 monthly SGA limit is $1,550 (or $2,590 if you are blind). If you earn more than this on average per month, the SSA does not consider you disabled.
Can You and Your Spouse Qualify at the Same Time?
You and your spouse can qualify for SSI or SSDI at the same time, as long as you each meet the program requirements. You can also get SSI if your spouse receives SSDI, but their income will affect your eligibility.
According to the SSA, SSI is generally for individuals who make less than $1,971 in monthly wages and have less than $2,000 in other assets (or $3,000 for a married couple). If your spouse gets SSDI, the government will likely count their benefit as part of your income when determining if you qualify for SSI.
Other sources of income, such as workers’ compensation benefits or a personal injury settlement, may also affect your eligibility.
When Should You Apply?
You and your spouse should apply for SSI or SSDI immediately if you have a medical condition that prevents you from working. You do not have to wait until you are out of work for 12 months.
Applying as soon as possible puts you in line for consideration as soon as you become eligible. It can also help by establishing an onset date for back payments.
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How Much Are Monthly SSI and SSDI Payments?
According to the SSA, the federal SSI monthly benefit amount for 2024 is $943 per individual, $1,415 for an eligible couple, and $472 for an essential person (caregiver). The SSA establishes payment amounts yearly based on the annual Cost of Living Adjustment (COLA).
Per the SSA, both North Carolina and South Carolina also offer additional state-supplemented SSI.
What Should You Do If You Lose or Are Denied SSI/SSDI?
If the SSA denies your Social Security Disability claim or revokes your SSI or SSDI benefits, you can appeal the decision. The four stages of the SSA appeals process are as follows:
- Reconsideration. You can ask the SSA to reconsider their initial determination for medical or nonmedical reasons. Reconsideration involves a complete review of your claim by someone not involved in the original determination.
- Administrative Law Judge (ALJ) hearing. The ALJ hearing is an official court proceeding, and you can have a Social Security Disability attorney from our law firm represent you throughout. The judge will review the evidence and may question you or witnesses.
- Appeals Council review. If you disagree with the ALJ’s ruling, you can ask for a review by the Appeals Council. If the Council agrees to look at your claim, they can issue a new decision or return the case to an ALJ for a new hearing.
- Federal Court review. If you disagree with the Appeals Council or it refuses to review your case, you can file a civil lawsuit.
You have 60 days from receiving notice of the SSA’s initial determination to file an appeal. From there, you have 60 days between each stage listed above to advance your case.
Do You Need a Disability Lawyer?
Statistics show that having an attorney to handle your Social Security Disability appeal is beneficial. Working with our legal team may help you strengthen your claim and avoid mistakes that could prevent you from securing benefits. We will:
- Review your initial application and determine the reasons for the denial
- Collect medical and financial evidence proving your benefit eligibility
- Track and manage filing deadlines
- Represent you during your ALJ hearing
- Take legal action on your behalf if necessary
Contact Farmer & Morris Law, PLLC, for SSI and SSDI Assistance
You can get SSI if your spouse gets SSDI, but securing benefits payments can be complex, especially when they involve combined household income. Contact us today for a free consultation to learn more about how we can help.
