Skip to main content

MY WIFE WORKS AND EARNS GOOD MONEY. CAN I STILL GET SOCIAL SECURITY DISABILITY?

Yes, you may collect Social Security disability if your spouse or someone else living in your household works.  It doesn't matter how much money they earn.

The only restriction for SSDI benefits is that the claimant cannot be working at "Substantial Gainful Activity" or SGA.  In 2025, you are working at SGA level if you earn gross monthly wages of at least $1,620 per month.  (In 2024 that amount was $1,550 per month; it's adjusted annually for inflation).

Social Security disability is not needs-based or income restricted.  You don't need to be poor or have limited finances to get SSDI benefits.   (Don't confuse SSDI with Supplemental Security Income or SSI, which does have severe financial restrictions).

With SSDI, you may have large savings, bank accounts or investments--as long as you (the claimant) is not working.

SSDI looks only at the claimant's income--and only to see if the income is from work activity (wages, salary, commissions or self employment).  Types of income, for example, that will NOT interfere with SSDI benefits would be

  • disability benefits from an employer or insurance company
  • retirement benefits from your employer or pension
  • child support or alimony payments
  • Investment income from stocks, bonds or other investments
  • rental income from a property you rent or lease to someone

Those types of income do not count against SSDI claimants because they do not involve work.  They do not represent wages, salary, commissions or payment for work you do.

The main thing to keep in mind about Social Security Disability (SSDI) is that you can't work at SGA level and get a disability benefit at the same time. It is the WORK that disqualifies you.  If you work you can't say that you are unable to work.

If you need help navigating the complicated world of Social Security disability, we invite you to contact

Charles W. Forsythe * The Forsythe Firm * Huntsville, AL  (256) 799-0297.

Free Consultation      Never a Fee Unless You Win     Personal Service

 


                                                                

                                                             



Comments

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...

SOCIAL SECRITY DISABILITY: THE DECISION WRITING PROCESS

  By Charles W. Forsythe - The Forsythe Firm in Huntsville An Administrative Law Judge (ALJ) has made a decision on your Social Security disability appeal hearing. The decision must now be sent to to a process called "Decision Writing" - where an attorney or paralegal will draft the formal binding decision, explaining the judge's legal rationale for the decision and explaining the mandatory 5-Step decision making process. The decision writing process translates a judge's ruling into a formal, legally binding document. It is a vital but time-consuming phase that ensures all medical evidence and vocational factors align with the law. A typical written decision will be 10 to 20 pages, thus very detailed.  It takes time to write one. There are many decisions ahead of yours and usually they are written in the order received. The step-by-step process breaks down as follows: The Judge’s Ruling & Instructions:  Following your hearing, the Administrative Law Judge (ALJ) r...

UNDERSTANDING THE 5-STEP SOCIAL SECURITY DISABILITY PROCESS

Receiving Social Security disability payments depend on one thing:  Proving that you are not able to work. The one and only thing that SSDI pays for is the physical and/or mental inability to work for a period of at least 12 months.  Who decides if you are able to work?  The Social Security Administration (SSA) will decide.--according to their own strict rules and regulations. In reaching that important decision, are you disabled or not, Social Security must use a 5-step examination process.  It's important to understand these 5 sequential steps. STEP 1:  The work Test .  Is the claimant now engaged in Substantial Gainful Activity (SGA)?  If yes, the claim is denied at Step 1.  They look no further.  You cannot be eligible for SSDI benefits if you are working at SGA, regardles of your medical condition.  (In 2026 you are working at SGA if you earn at least $1,690 per month from work or self-employment). STEP 2.  The Medical Requirem...