My wife works, I'm disabled drawing ssi disability can and should she be able to claim me as a dependent

[mike15hossman]

I receive SSI disability benefits Can my working spouse claim me as a dependent and is it beneficial to us to do so.

[rlo303]

The comment starts out with SSI but ends up with SSDI they are two different programs.

[DoninGA]

When you are married you cannot claim a spouse as a dependent.  You should be filing your tax return as Married Filing Jointly even if one spouse has little or no income.  You receive the highest standard deduction of $12,400 and you both receive a personal exemption of $3,950.

Your Social Security Disability Income that is reported on form SSA -1099 is also reported on your tax return.

To enter your Social Security benefits reported on form SSA-1099

• Click on Federal Taxes
• Click on Wages and Income
• Click on I'll choose what I work on
• Scroll down to Retirement Plans and Social Security
• On Social Security (SSA-1099, RRB-1099), click the start or update button

Up to 85% of Social Security becomes taxable when all your other income plus 1/2 your social security reaches:

• Married Filing Jointly - $32,000
• Single or Head of Household - $25,000
• Married Filing Separately - 0

[jean4528]

About how much less will we receive if my wife files married filing separately. Because all I get is SSD but I use to get SSI which they say they over paid me so I'm afraid if I file with my wife they will take our federal returns. So if we don't file jointly without the deduction how will that affect our returns

[VictoriaD75]

You may be able to alleviate any recovery of amount owed from repayment of SSI by fililng an Injured Spouse form. An injured spouse claim is for allocation of a refund of a joint refund. You would add Form 8379 to your return to claim Injured Spouse.

How to Add Form 8379

What is Form 8379

If you are married on the last day of the year, you must either file Married Filing Jointly or Married Filing Separately. Your spouse cannot file separately and claim you as a dependent. If you take the standard deduction, you receive $24,400 in 2019 for Married Filing Jointly status versus $12,200. If you do not have taxable income, it is unlikely that it would benefit you to file separately, as the taxable income would be higher due to the loss in deduction.

Additionally, there are some tax credits that are disallowed under the Married Filing Separately tax status, making it a less desirable option.

[Carl]

If you and your spouse file separate returns, then 100% of your social security income is taxable. So you're going to pay back the overpaid monies one way or the other.

[Critter]

Social security benefits include monthly retirement, survivor and disability benefits. They don't include supplemental security income (SSI) payments, which aren't taxable. The net amount of social security benefits that you receive from the Social Security Administration is reported in Box 5 of Form SSA-1099, Social Security Benefit Statement, and you report that amount on line 5a of Form 1040, U.S. Individual Income Tax Return or Form 1040-SR, U.S. Tax Return for Seniors (PDF). The taxable portion of the benefits that's included in your income and used to calculate your income tax liability depends on the total amount of your income and benefits for the taxable year. You report the taxable portion of your social security benefits on line 5b of Form 1040 or Form 1040-SR.

Your benefits may be taxable if the total of (1) one-half of your benefits, plus (2) all of your other income, including tax-exempt interest, is greater than the base amount for your filing status.

The base amount for your filing status is:

• $25,000 if you're single, head of household, or qualifying widow(er),
• $25,000 if you're married filing separately and lived apart from your spouse for the entire year,
• $32,000 if you're married filing jointly,
• $0 if you're married filing separately and lived with your spouse at any time during the tax year.

[Canosike]

I am disabled but my husband claimed me as a dependent how does it affect my stimulus payment?

[Critter]

A spouse can NEVER be claimed as a dependent ... you either file a joint return or not. 

Prior to 2018 there was an option to file separately and claim the spouse's exemption (NOT claim them as a dependent ... similar but different) but since the stimulus payment is based on the 2018 or 2019 return this is immaterial. 

So if you did not file a joint return you should be getting a stimulus check direct deposited if you receive SSI or SSDI.

[Hal_Al]

@Canosike 

When you say your husband claimed you as dependent, that  most likely means he filed a joint return naming you as spouse.  Technically, it's not the same thing, but it has the same effect.

You will get a stimulus payment.  What's not clear is whether you get it as the spouse on a joint return or as a recipient of social security benefits. The check or direct deposit will be followed (about 2 weeks later) by a letter from the IRS explaining the payment

[JenCccc1]

If I’m on SSI and my spouse has no income, do I file a injures spouse on myself. I’m the only one drawing SSI no other income. I filled out the form for SSI should I have done a injured spouse on myself? I’m just worried I did it wrong he owes back child support. I received my EIP 1-3. He did not. That is why we even filed and I just read that they could garnish the first EIP 1 but not EIP2. Thank you! Just concerned I might’ve done something wrong! TIA

[Hal_Al]

@JenCccc1 

Your question is off topic for this thread.   You should post a new question to get more experts to see it

[RONMAY]

How can get money back from her work and the USA she have not filled no text

[DanielV01]

@RONMAY  If what you are asking is how she can get a tax refund from US income, the answer is by filing her tax return.  But if you meant something else, please clarify and provide additional information, and we'll be happy to assist you further.

[Efg013371]

Hi there, 

Please help me with this. My mom is 65+ and disabled too. She files taxes with stepdad and He does not help in any way but is taking benefit of her innocence due to which she only gets 400 as social security benefits which is worthless. I brought her to my house and wants her to be separated from him but she does not want to give divorce and I want her to take SSI and other Snap benefits because she needs and deserves it but cannot get because of the cash and stocks her spouse got which is useless. Is there anyway she can get separated to receive SSI and snap benefits without giving divorce?