Indianapolis, IN asked in Civil Rights, Social Security and Family Law for Indiana

Q: If i where to get married, and then in the future need to go on disability (due to health) would i be able to get ssdi

My partner may also have to get on it but we want to get married. Neither of us are currently on it . We live in Indiana but may move to Michigan or Wisconsin

1 Lawyer Answer

A: Marriage does not affect SSDI. To be able to get SSDI, you would have to have worked long enough and recently enough to be fully insured. In most cases, you must have earned at least 20 credits during the last 10 years. You earn work credits and become insured for Social Security retirement, SSDI disability, and survivor’s coverage for you and your family when federal taxes are withheld from your covered gross work earnings. This federal tax iscalled “FICA” for the Federal Insurance Contributions Act. For more information, refer to this SSA publicationon “How You Earn Credits” athttps://www.ssa.gov/pubs/EN-05-10072.pdf.

Exceptions apply for those who are disabled and under age 31. In those situations, you have disability insured status and can get Social Security Disability Income (SSDI) with fewer than 20 credits. For example, if you are disabled before age 24, you generally need 6 credits in the last three years before you became disabled.

Make sure that your earnings records are accurate by comparing your earnings on your Wage and Tax statement (W-2) to the earnings record on your Social Security statement. You can verify your earnings on your ”my Social Security” account.

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