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Overview of Disability

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Requirements for Disability

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Tips and Advice for Disability Claims

How long does Disability take?

Winning Disability Benefits

Common Mistakes after a Denial

Mental Disability Benefits

Denials for Disability

Appeals for denied claims

Disability Benefits from SSA

SSI Benefits

Child Disability Benefits

Qualifications and How to Qualify

Working and Disability

Disability Awards and Notices

Disability Lawyers, Hiring Attorneys

Social Security List of Impairments

What Social Security considers disabling

Medical Evidence and Disability

Filing for Disability Benefits

Eligibility for Disability Benefits

SSD SSI Definitions



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Receiving SSI Disability and having Marital Income




 
I was recently mailed a question about a couple in which the husband was receiving disability benefits. The wife had taken a job and, as a result, his disability benefits had been stopped. The reporter asked me how often this happens. He also asked me if what they were considering was logical: divorce to remedy the situation.

This is what I wrote back:

"If the gentleman was receiving title II Social Security Disability Benefits, that wouldn't happen. He must be receiving SSI aka supplemental security income based on disability. Title 16 SSI benefits are based on need. In principle, the approach taken by the SSI is not dissimilar from the medicaid program; both are income and asset-resource sensitive. In this case, the wife's income is being partially counted or deemed, and is being counted against his eligibility for SSI benefits.

I am a former disability examiner and have not worked as a social security field office claims rep (meaning I worked on the actual disability application and didn't have much of anything to do with monetary and asset eligibility issues). However, in a prior occupation, I was a medicaid caseworker and so I would assume that if they do divorce that would cure the income issue.

However, he will most likely have to file a new claim. I am not sure if there is an actual "fix" to his situation. If he himself had been working and he had exhausted his trial work months and his earnings in the tenth month had exceeded the limit for SGA, or substantial gainful activity, then he would be potentially eligible for an expedited reinstatement. But these are deemed earnings from his spouse."















Return to:  Social Security Disability Resource Center, or read answers to Questions





























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When do you get a letter about your disability benefit amount?
Applying for SSD and SSI at the same time
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Can you be approved for disability without an appeal?
Can You Get Approved For SSI or SSD Benefits if you Have A Mental Condition
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Filing for disability with arthritis, osteoarthritis
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Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


These pages provide answers to basic questions about pursuing disability benefits

How to claim disability
Disability claim appeal status
How to get you Social Security Disability status
How does a person qualify for disability benefits?
How do you Apply for SSI?
How Much Income Can you Earn If you draw Social Security Disability?
Can you work if you get SSI?
How long will you get disability after an award notice?
If You Get Social Security Disability or SSI, Will Your Dependents Get A Check?
Social Security Disability denied
Time on a Social Security Disability Decision
How to apply for disability for a child or children
Denied Twice For SSD or SSI Disability, What Do I Do?
f I get disability will my children receive benefits?
Social Security Disability SSI - Retroactive Benefits Vs Back Pay Benefits
How long do you have To Be Out Of Work Before You Get Social Security Disability (SSD)?
How to file for disability and medical conditions
What Does Social Security Consider To Be a Disability?
When does social security consider you eligible for disability benefits?
Qualifying for disability benefits with the social security administration
How to get disability
Will I be approved for disability on my appeal?
How to appeal a disability denial