Marriage equality for disabled persons + protecting their Social Security benefits

Many disabled people are reliant on SSI benefits and DAC benefits. If a person meets the qualifications, then they receive these benefits to help pay their costs of living. Some people qualify for additional benefits such as Medicare, Medicaid and other benefits from their state or county. People with some disabilities that have paid into social security can possibly qualify for SSDI benefits. While helpful, this never fully covers the cost to live independently for the disabled person.

What happens if a disabled person gets married? SSI and DAC benefits are dropped regardless of income. Even if two disabled peoplemarry each other thise benefits stop. Its referred tto as the Marriage Penalty. If a disabled person marries a non disabled person, much of their benefits are now determined by the financial profile of both people together. Very often many of the benefits are completely eliminated. SSI is completely eliminated if the couple owns over $3,000 in assets together and has a very low combined income threshold. Virtually every time, the couple faces a lower combined income once married than they did by remaining unmarried. More than likely the only benefit that stays at the same level is SSDI. Joining together in matrimony actually financially penalizes a couple. The disabled persons SSI benefit is lost, Medicare and/or Medicade is often lost as well as any state or local supplemental benefits. Yes, the same penalty occurs even if you’re just living together.

What is the message here? Disabled people should not get married or live with the one they love. Not at least from a financial perspective. Able bodied people should not marry disabled people or visa versa. Our government has chosen to discriminate against disabled people who wish to marry. The Marriage Penalty.

What if one person in a marriage becomes disabled? If an able bodied couple is making say, $5,000 a month each, and one person can no longer work, the disabled person may not qualify for any benefit. The person could possibly qualify for SSDI if their disability is approved and they previously paid into social security. Beyond that they likely won’t qualify for any other benefits. The couple is now forced to live on as little as half of their previous income. What if the person who became disabled was making much more than the able bodied partner? It’s even more devastating. Often they have to sell off assets, deplete savings and retirement funds and even sell their family home because they simply cannot survive on half of what they made before. And only when everything is gone, do they qualify for benefits. So now couples, some married for decades, are getting divorced just for financial survival! The disabled former spouse applies for disability benefits and just maybe they gain back a small portion of what they had prior to the disability. If their assets remain with the now divorced able bodied spouse, they may not lose everything.

Marriage involving one, or both, spouses with a disability should never be penalized. Or in the very least there should be a very high income threshold for when disability benefits are denied or discontinued. The SSI benefit threshold should certainly be dramatically increased. The current $3,000 level is less than most people need in their checking account to pay monthly expenses. The family home and retirement savings should not be considered as assets for eligibility. The benefits being received by a disabled person should not be reduced or discontinued upon marriage, period. Furthermore when one person in a married couple becomes disabled the benefits should be determined to maintain their lifestyle as a couple. Certainly there could be a threshold for the wealthy but that should not be any lower than the top of the middle class income level.

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This is exactly what we are going through. My husband is forced into donating plasma just for us to get groceries because I physically and mentally cannot work. I was cut off my Medicaid and they didn’t care. I can’t afford for us to go get health coverage anywhere because of all of my medical issues. I had literally just had back surgery and it got infected so for 6 months I had an open wound in the middle of my back. I pleaded and begged the state administrator to let me keep my disability until after I healed. I got denied anyways and I was no longer able to afford wound care and go see the specialist who did my surgery so we can start physical therapy. Now my left leg and left foot have issues and I cannot feel my whole left foot from the ankle down. I can’t wiggle my toes and I can’t go get seen to see what damages are done because I am not insured and I can’t afford for us to just go get seen on a whim because just being seen without insurance is hundreds of dollars. The tests themselves are thousands. Nobody has that kind of money at disposal whenever they need it. I was already at a physical disadvantage but this just made things worse and since my husband “makes too much money” then I get the shaft. The worst part is that he honestly doesn’t make that much money and he’s in a minimum wage job. I’m disabled. Not him. My disability should not have anything to do with him since he can get around more mobile and think better than I can. I won my disability case when we fought and had to get lawyers involved. That should mean that I can’t get my disability taken away for something like this.