Will a spouse income impact or make it ineligible for a person who is in SSDI wants to claim for their baby as well ? Baby is born out of our their marriage..

[DoninGA]

Receiving Social Security Disability Income does not prevent you from claiming a dependent on a tax return.  Nor does claiming a dependent have any impact on the Disability Income you receive.

Social Security Retirement/Disability/Survivors benefits are reported on a form SSA-1099 and the benefits received are to be entered on a federal tax return. The benefits may be taxable depending on the amount of other income you have entered on your tax return.

To enter Social Security benefits reported on form SSA-1099

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

Or enter ssa-1099 in the Search box located in the upper right of the program screen. Click on Jump to ssa-1099

Up to 85% of Social Security Retirement/Disability/Survivors benefits 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

[Opus 17]

SSDI is based on the person's work history, they "earned" the benefit by working.  It is not reduced for the other spouse's income.

SSI is based on financial need.  If you are married and your spouse helps support you financially, that will be taken into account.  If you fail to disclose your support, you could be penalized severely.

If spouses file a joint return (married filing jointly), the fact that one spouse is disabled does not affect the status of their dependent.  

If you file separately but live together, then either spouse can claim the child.  The fact that one spouse is disabled does not affect the status of their dependent, but most of the tax benefits of claiming a child dependent require that the taxpayer have income earned from working.  So generally, the working spouse should claim the child. 

If you live separately and plan to file separately, then the spouse who can claim the child is the spouse where the child lived more than half the year (or more than half the days they have been alive, if they were born this year).  If the child lives with the disabled spouse more than the working spouse, then the disabled spouse claims the child, but because most of the tax benefits of claiming a child dependent require that the taxpayer have income earned from working, the disabled spouse probably won't get much benefit.  If the child lives with the disabled spouse more than the working spouse, the disabled spouse (custodial parent) can sign a waiver allowing the non-custodial parent to claim the child. 

[chakki13]

Filing jointly with 1 spouse earning and another spouse on SSDI. If earning spouse claims the child as a dependent then the spouse with SSDI won't be able to claim for SSDI benefits, right ?

[xmasbaby0]

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Please explain why you are mentioning  "baby is born out of their marriage."        Are you and your spouse the child's parents?   Or is one of  you a step-parent to the child?   Who does the child live with?   Does the child live with you and your spouse?   Or does the child live with someone else more than half the time?

[Opus 17]

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@chakki13 wrote:

Filing jointly with 1 spouse earning and another spouse on SSDI. If earning spouse claims the child as a dependent then the spouse with SSDI won't be able to claim for SSDI benefits, right ?

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If you file a joint return, then you are "one taxpayer" and if the child is claimed as a dependent, both spouses claim the dependent jointly.

As I noted, SSDI is based on your employment history and is an entitlement, it can't be taken away because you get married or have a child.  SSI is need-based.  If you get married, your spouse's income may affect your eligibility because it reduces your need.  A child actually increases your need, because the child needs to be supported.  Do you have SSDI or SSI?

Since this is not an income tax question, you will likely get a better answer by talking to a social worker or the Social Security Administration. 

[DoninGA]

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@chakki13 wrote:

Filing jointly with 1 spouse earning and another spouse on SSDI. If earning spouse claims the child as a dependent then the spouse with SSDI won't be able to claim for SSDI benefits, right ?

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When filing as Married Filing Jointly you are both claiming the child as a dependent.  It has no affect whatsoever on the SSDI benefits you receive.

[chakki13]

Child lives with us. We file tax jointly. 

[chakki13]

Sorry if I don't make it clear. I wasn't sure if my wife could claim SSDI benefits for our baby because of my salary it could impact or not, am not certain. If she's eligible to claim SSDI benefits for the baby as well, would it impact our tax return filed jointly for example, like child tax credit etc... ? I'm trying to understand that. If am not clear please let me know. Thanks a lot for your time. Appreciate your inputs. Thank you. 

[Opus 17]

Social Security Disability Insurance, or SSDI, is based only on the person's earning history--how long did they work and how much did they make.  In some cases, it can also be based on a spouse's work history.  If they meet the minimum work requirement and are disabled, SSDI is an entitlement, and does not depend on financial need.

Supplemental Security Income (SSI) provided basic minimum living assistance to people are disabled AND who have financial need.   When a person applies for SSI, they must disclose their sources of financial assistance, such as pension, savings, and support from a spouse.

Your financial status will not affect your spouse's eligibility for SSDI, but it may affect their eligibility for SSI.

Please try and understand which program you are asking about and which program you intend to apply for.  You may want to speak in person with a qualified social worker.

[VolvoGirl]

Uh, what do you mean  "....claim SSDI benefits for our baby...?  For taking time off to have the baby?   

[xmasbaby0]

Are you asking if your spouse can get extra Social Security benefits on behalf of your child?   That is a question to ask Social Security.   Some recipients of Social Security benefits do receive benefits that are assigned to their dependent children.   Whether your spouse is eligible must be sorted out with Social Security.  We cannot tell you if your spouse can get SS for your child.    However, in the event that they start sending Social Security to the child, it would not go on your own tax return.  It would only go on the child's tax return if the child has other taxable income and needs to file.   It would have no effect on your joint tax return.

[chakki13]

That answers my question. I'm in touch with the SSN office to clarify. Thanks a lot for clarification.