In order to receive any type of spousal benefit, such as retirement or widow's benefit,
SSA must confirm that the marriage was valid under the law. But what about couples
that live together as spouses and consider themselves married, though they did not
have a legal ceremony?
Common-law marriage is one considered valid under certain State laws even though
there was no formal ceremony. SSA does recognize common-law marriage if the
state (note - there are only a few states that still recognize it) where the couple lived
does, but needs the following "preferred evidence" as proof:
1. If both spouses are alive, their signed statements and those of two blood relatives;
,2. If either spouse is dead, the signed statement of the one who is alive and those of
two blood relatives of the deceased person; or
3. If both the spouses are dead, the signed statements of one blood relative of each;
If SSA cannot get the above evidence to prove the marriage existed, the claimant
may be asked for other convincing evidence of the marriage. Some examples of
evidence that helps prove a common-law marriage existed include:
• A deed listing both spouses
• Any legal document showing one spouse has assumed the married surname
• Employment records listing the common-law spouse as a immediate family member
• Insurance policies naming the other party as a beneficiary
• Bank statements showing joint ownership of an account
Note: Common-Law Marriage is not the same as "Holding Out", a technical term used
by SSA when evaluating SSI eligibility. Video explanation of the difference below.
The above common-law marriage requirements also apply to same sex couples under
SSA policy.
Give this one a try later!
Common Law Marriage - SSDI
There is a 5-month waiting period in which a claimant must have been disabled for 5
full consecutive months, beginning with the month that they were both insured and
disabled, before cash benefits can begin. Your waiting period can begin no earlier
than the 17th month before the month you apply-no matter how long you were
disabled before then.
Give this one a try later!
Waiting Period for SSDI
Income deeming is the process of considering another person's income and/or
resources to be available for meeting the basic needs of a disabled SSI claimant or
, recipient. Deemed income is a major class of income where the actual disabled
individual is not receiving the income, but another person's income is deemed to be
used for the individual's benefit. To understand deeming, you must first understand the
term "ineligible individual" which is a person who is ineligible for SSI benefits due to
income and/or resources.
Deeming relationship include:
• Parent-to-Child Deeming:
Parent-to-child deeming only applies to deeming of income and resources from
ineligible parent(s) to an SSI eligible child under the age of 18. Once the child reaches
age 18, deeming of income and resources from the parent(s) no longer applies.
Generally, for parent-to-child deeming to apply, the child needs to be living with the
parent(s). However, there are certain instances when a child who lives away from the
parental home is still subject to parent to-child deeming. A common example of this
would be when a child under age 18 is away at school, but is still under parental
control. There are also several very limited situations in which SSA may waive deeming
of parental income and/or resources.
• Spouse-to-Spouse Deeming:
Spouse-to-spouse deeming only applies when an SSI eligible individual is married to
an ineligible spouse. If both members of a married couple are SSI eligible, another set
of rules will apply. Generally, spouse-to-spouse deeming applies only when the two
spouses live together in the same household, but there are some exceptions. In
addition, there are certain circumstances under which SSA may treat individuals who
are not legally married as a married couple for the purposes of deeming.
• Sponsor-to-Alien Deeming:
Sponsor-to-alien deeming only applies to deeming the income and/or resources of
an ineligible individual (and the individual's ineligible spouse if the individual is
married) who sponsors an alien's legal entry into the United States. Deeming applies
whether or not the alien lives with the sponsor.
The process for deeming under all three provisions is complicated and it is different
for each provision. There is a deeming chart that is published each year and the 2023
chart is attached via a link. You will not be expected to calculate actual deeming by
yourself. You can use this chart to get good idea of whether a potential claimant or
potential client could reasonably be eligible for SSI.
Give this one a try later!
SSA must confirm that the marriage was valid under the law. But what about couples
that live together as spouses and consider themselves married, though they did not
have a legal ceremony?
Common-law marriage is one considered valid under certain State laws even though
there was no formal ceremony. SSA does recognize common-law marriage if the
state (note - there are only a few states that still recognize it) where the couple lived
does, but needs the following "preferred evidence" as proof:
1. If both spouses are alive, their signed statements and those of two blood relatives;
,2. If either spouse is dead, the signed statement of the one who is alive and those of
two blood relatives of the deceased person; or
3. If both the spouses are dead, the signed statements of one blood relative of each;
If SSA cannot get the above evidence to prove the marriage existed, the claimant
may be asked for other convincing evidence of the marriage. Some examples of
evidence that helps prove a common-law marriage existed include:
• A deed listing both spouses
• Any legal document showing one spouse has assumed the married surname
• Employment records listing the common-law spouse as a immediate family member
• Insurance policies naming the other party as a beneficiary
• Bank statements showing joint ownership of an account
Note: Common-Law Marriage is not the same as "Holding Out", a technical term used
by SSA when evaluating SSI eligibility. Video explanation of the difference below.
The above common-law marriage requirements also apply to same sex couples under
SSA policy.
Give this one a try later!
Common Law Marriage - SSDI
There is a 5-month waiting period in which a claimant must have been disabled for 5
full consecutive months, beginning with the month that they were both insured and
disabled, before cash benefits can begin. Your waiting period can begin no earlier
than the 17th month before the month you apply-no matter how long you were
disabled before then.
Give this one a try later!
Waiting Period for SSDI
Income deeming is the process of considering another person's income and/or
resources to be available for meeting the basic needs of a disabled SSI claimant or
, recipient. Deemed income is a major class of income where the actual disabled
individual is not receiving the income, but another person's income is deemed to be
used for the individual's benefit. To understand deeming, you must first understand the
term "ineligible individual" which is a person who is ineligible for SSI benefits due to
income and/or resources.
Deeming relationship include:
• Parent-to-Child Deeming:
Parent-to-child deeming only applies to deeming of income and resources from
ineligible parent(s) to an SSI eligible child under the age of 18. Once the child reaches
age 18, deeming of income and resources from the parent(s) no longer applies.
Generally, for parent-to-child deeming to apply, the child needs to be living with the
parent(s). However, there are certain instances when a child who lives away from the
parental home is still subject to parent to-child deeming. A common example of this
would be when a child under age 18 is away at school, but is still under parental
control. There are also several very limited situations in which SSA may waive deeming
of parental income and/or resources.
• Spouse-to-Spouse Deeming:
Spouse-to-spouse deeming only applies when an SSI eligible individual is married to
an ineligible spouse. If both members of a married couple are SSI eligible, another set
of rules will apply. Generally, spouse-to-spouse deeming applies only when the two
spouses live together in the same household, but there are some exceptions. In
addition, there are certain circumstances under which SSA may treat individuals who
are not legally married as a married couple for the purposes of deeming.
• Sponsor-to-Alien Deeming:
Sponsor-to-alien deeming only applies to deeming the income and/or resources of
an ineligible individual (and the individual's ineligible spouse if the individual is
married) who sponsors an alien's legal entry into the United States. Deeming applies
whether or not the alien lives with the sponsor.
The process for deeming under all three provisions is complicated and it is different
for each provision. There is a deeming chart that is published each year and the 2023
chart is attached via a link. You will not be expected to calculate actual deeming by
yourself. You can use this chart to get good idea of whether a potential claimant or
potential client could reasonably be eligible for SSI.
Give this one a try later!
