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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2983
Experience:  associate attorney
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Stop the presses! I failed to ask the right question. lol! a

Customer Question

stop the presses! I failed to ask the right question. lol! a married couple living in the same household and both receiving SSI are limited to a maximum of 1033.00 per month. Husband begins receiving his retirement benefits which greatly reduces wifes SSI benefit amount to 42.00 per month what happens when she moves into her own residence due to marital conflict but does not divorce?
Submitted: 1 year ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

This is not how social security works, you are not penalized by your spouse receiving his benefits. There are other penalties that must be at work here as that is not the reason your benefit has been decreased. If you are receiving a pension from a job that you didn't pay SS into, you would be subject to the windfall elimination provision (wep). Also if you are working and below full retirement age (age 66 in 2016), you can be penalized for any income above $15,720. Your benefit will be decreased $1 for every $2 earned over that amount. Your benefit can only be affected by these things that you do (income or wep). It should not be affected by you separating with your husband.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.

Expert:  Christopher B, Esq. replied 1 year ago.

Just checking back in, do you have any further questions?