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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.