Can You Claim Disability Benefits If Your Partner Is Employed but You Are Not Working?
Many individuals with disabilities wonder whether they can apply for disability benefits, especially when their partner is employed but they themselves are not working. This article aims to clarify the eligibility criteria for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) based on your employment history and the employment status of your partner.
Understanding SSDI and SSI
SSDI (Social Security Disability Insurance) is a federal government benefit program designed to provide income support to individuals with long-term disabilities who have worked and earned enough credits through their employment. You are eligible to receive SSDI if you meet the following criteria:
You have sufficient work credits for SSDI. You are unable to perform substantial gainful activity due to a medically determinable disability.SSI (Supplemental Security Income) is a federal assistance program that provides cash to aged, blind, or disabled people with limited income and resources. Unlike SSDI, SSI eligibility is not tied to past employment but to current financial need.
Eligibility for SSDI When Your Partner Is Employed
If you are unable to work due to a disability and have earned enough credit through past employment, you can apply for SSDI. Your partner's employment status does not affect your eligibility for SSDI as long as you have sufficient past work credits. Here are the eligibility requirements:
Work Credits: You must have earned a certain number of Social Security work credits over a specified period, but this does not have to be a continuous work history. Disability Evaluation: You must meet the disability criteria set by the Social Security Administration (SSA), which requires you to be unable to perform substantial gainful activity due to a medical condition.Eligibility for SSI When Your Partner Is Employed
If you are unable to work due to a disability and have no work record, you may still apply for SSI if your income and assets are low enough to qualify. However, your partner's income and assets will be considered as part of your household income for SSI eligibility purposes.
Total Household Income: For SSI eligibility, your total household income (which includes your partner’s income) must be below the federal poverty level. Assets: Your total household assets must be below the federal poverty level.Consulting with a Disability Attorney
For a more detailed and personalized assessment, it is advisable to consult with a disability attorney. They can help you understand your specific situation and guide you through the application process. Additionally, an attorney can provide valuable advice on how to gather necessary documentation and prepare the most compelling case for your application.
Real-Life Case Example
Consider the example of Ms. Johnson, a teacher who later became a mother to four children suffering from permanent postpartum depression. Despite her husband’s full-time employment as an accountant, Ms. Johnson was able to secure SSDI benefits. The key factor in her case was her sufficient work credits from past employment, as well as her documented medical condition that prevented her from working.
Conclusion
Whether you can claim disability benefits while your partner is employed depends on several factors, including your work history and current financial situation. SSDI benefits are available to those with sufficient work credits, regardless of their partner's employment status. For those without work credits, SSI benefits might be an option, provided your income and assets meet the eligibility criteria. Consulting with a disability attorney can help you navigate the complexities of applying for disability benefits effectively.