A very common question that people want to know is, Can you get social security disability if your spouse works? Or, How much can your spouse make if you are on disability?
The system can be confusing, and many people are under the misconception that they cannot take advantage of disability benefits if their spouse continues to work. At Cottrell Law Office we can help clear up some of the confusion.
Can My Spouse Work While I Collect Disability?
So, Can you get social security disability if your spouse works? The short answer is yes. SSDI benefits are based on your own work record, so your spouse’s income does not impact your benefits.
However, you must meet certain eligibility requirements to qualify for SSDI. Social Security pays only for total disability, meaning:
- Your medical condition prevents you from doing work you used to be able to do,
- You cannot manage other work because of your condition, and
- Your disability lasts for at least one year or is terminal.
You must also have worked long enough to qualify, which depends on the age at which you became disabled.
The Social Security Administration has strict requirements for qualifying for SSDI, information about which can be found on the SSA website.
What About SSDI Spouse Income and Survivor Benefits?
If you are the surviving spouse or child of someone who died, you may be eligible to collect survivor benefits. You must apply for the benefits with a Social Security representative.
The following family members may be eligible to receive monthly benefits:
- Surviving spouse age 60+ or 50+ if disabled;
- Surviving divorced spouses in certain circumstances;
- Surviving spouse caring for the deceased’s child who is under age 16 or disabled and receiving child’s benefits; or
- Unmarried child of the deceased who is younger than 18 or over 18 with a disability that began before age 22.
Survivor benefits are based on the deceased person’s earnings. You can work and receive survivor benefits at the same time.
However, there is a limit on how much you can earn while receiving benefits. You can find more details about survivor benefits here.
If You Have Questions About Social Security Disability Insurance, Call Cottrell Law Office
Social Security Disability Insurance can provide you with financial security if you have a disability that prevents you from working.
However the SSA’s rules and requirements are very strict, and it can be difficult to get benefits. In fact, the SSA denies over half of disability claims and appeals.
A Social Security disability lawyer can help you put together a complete and thorough application to increase your approval chances.
Your lawyer will help you gather the required documentation to support your claim and refer you to professionals to conduct the required assessments.
An SSDI lawyer can also prepare you for an appeal if your application was denied.
The experienced attorneys of Cottrell Law Office specialize in helping people receive compensation for their injuries, including government benefits.
If you are in Missouri or Arkansas and have questions about Social Security Disability Insurance benefits, please contact us to find out how we can help.
Wesley Cottrell
Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993. He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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