"If You Have Not Worked Enough To Qualify For SSDI And Your Spouse Works,  You May Be Eligible For SSI Benefits" 
Contributed by Disability Digest advocate Scott Transue

If you do not qualify for Social Security Disability because you have not worked enough  (which, as a general rule, is you need to have worked 50 % or more of the last 10 years) and your spouse works,
then this contribution from advocate Scott Transue will help you understand if you qualify for SSI (which includes monthly income and insurance).

When a married person applies for SSI benefits, the income of their spouse is sometimes "deemed" to them. In other words, that income can be treated as having been earned by the claimant, which could reduce (or even eliminate) the amount of SSI benefits the claimant receives. The reasoning for this, valid or not, is that spouses are assumed to be supporting one another financially. 

There are two exceptions to "income deeming." First, if the claimant and their spouse are both eligible for SSI, no income deeming will occur. Rather, they would receive the SSI couple's rate. Second, if the claimant's spouse lives outside the home on a permanent basis (such as through a legal separation), no income deeming will occur. If the spouse, even occasionally, resides in the claimant's home, income deeming comes into play. 

As of 2009, married claimants and their spouse are entitled to a $337 exclusion from income deeming for each minor child living at home. So, if three children are at home, the first $1,011 of income earned by the non-disabled spouse is excluded from deeming.

Income deeming applies in all states.  See the link below for details in your state.  This is an example based on California SSI rates in 2009:

Bob and Marge are married, with one child living at home. Bob is entitled to SSI, and supplements his benefits working part-time. He earns $200 monthly. Marge works full-time as a disability advocate, earning $1,600 monthly. 

(1) Determine Marge's "countable income." 

Subtract the $337 exclusion for their child from Marge's income, leaving $1,263 as countable. 

All or part of Marge's countable income will be deemed to Bob, since it is more than the difference between the SSI couple's rate and the SSI individual rate ($1011-$674 for 2009).

Notice that this amount also equals the allowable exclusion for one child. 

(2) How much of Margie's income will be deemed to Bob? 

Bob has $200 earned income. Add that to Marge's earned income minus the child deduction. That equals $1,126 (200 + 1263 - 337). 

Subtract the $20 "any income deduction" and you get $1,106. 

Subtract the $65 "earned income exclusion" and you get $1,041. 

Subtract 50% of the remaining earned income. 50% of $1,041 is $520.50. 

$520.50 is the couple combined countable earned income, and the amount deemed to Bob. 

(3) How much SSI will Bob receive (if any)? 

Take the SSI rate for a couple (2009) and add any state supplement. This would be $1,011 plus $233, or $1,244.

Subtract the couple's total countable income. This is $723.50 ($1,244 - $520.50). 

Compare $723.50 to the amount of SSI Bob would receive if not married to Marge ($849.50). 

Bob will receive $723.50 in monthly SSI benefits. Marge's countable income reduces Bob's SSI benefit by $126. 

Essentially, the more Marge earns, the more of a reduction in Bob's SSI benefit. Conversely, having additional children at home would lessen the effect on Bob's SSI benefit.   Bob's SSI would be reduced to around $350 if Marge earned $3,200 monthly, assuming only one child at home.

For a more in depth version of this, click here or follow the link:
https://secure.ssa.gov/apps10/poms.NSF/lnx/0501320400

To Learn All About The Disability Qualifications And How To WIN Your Social Security Disability Case FAST, click here or follow the link http://www.thedisabilitydigest.com/DisabilityAnswers1.htm

Sincerely,

Brian Therrien
p.s. - Learn How This Course Maximizes Your Chances Of Winning and Avoids Costly Mistakes That Cause Delays  

p.s.s. -  All SSDI Lessons and Audios Click Here