Social Security says my husband or wife earns too much for me to get SSI

What can you do if Social Security says your spouse makes too much money

Here is a common problem. You apply for Supplemental Security Income (SSI), but then Social Security tells you that your spouse is making too much money for you to be eligible.

How much is too much?

It was surprisingly difficult to track down an answer. But, at long last, I was able to find out that in order to be eligible for Social Security your countable income has to be less than the Federal Benefit Rate (FBR).

In 2009, the FBR is $674 per month for individuals, and $1,011 per month for couples. In 2008, the FBR was $637 per month for individuals, and $956 per month for couples. Note: the FBR changes annually. This page lists the Federal Benefit Rates back to 1998.

So, your spouse has to be making less than these amounts to keep you eligible for SSI benefits. At least, that is the best answer I am able to find to this surprisingly tricky question.

I am not addressing the difference between countable income and non-countable income. For that I refer you to your local Social Security office. This is just to give you a ball-park idea of how much of your spouse’s income may be too much.

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About Tomasz Stasiuk

I am a disability attorney in Colorado Springs. 
I founded The Stasiuk Firm on a principle of providing personalized attention to disabled individuals fighting to get their Social Security disability benefits.
This entry was posted in 2 Denials & Appeals, Benefits, Supplemental Security Income (SSI) and tagged , , . Bookmark the permalink.

2 Responses to Social Security says my husband or wife earns too much for me to get SSI

  1. Evone says:

    if a person is married is it always concidered joint even if they get the checks seperate? What is countable income? If a person wants to take money out of a 401 k how much can you take out before it counts against you. Does it count for the both of you if you receive you own ss check when you take out money for your own personal use? ahhhhh this is horrible. Hope you can help:)

  2. This may help: http://www.socialsecurityinsider.com/2009/04/do...

    However, you should also contact SSA.

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