Boy meets girl. They fall in love and get married and livehappily ever after. That is how it should be in a fair and equal democracy. But if one or both of the lovebirds are disabled or elderly and receive Supplemental Security Income (SSI), not so fast. This legal union can often result in the loss of life sustaining benefits for one or both of the lovebirds, including food stamps, rent assistance and healthcare, because of what is called federal “marriage penalties.”
SSIis a needs-based federal program that helps people with disabilities (as well as people who are elderly) who have little or no income. It provides cash to meet basic needs for food, clothing, and shelter. If two people receiving SSI get married, they will receive 25% less in benefits than they did as two individuals. The theory is that a couple can live on less income together than they would as individuals. In addition, even if a couple doesn’t get legally married, they can be considered to be “holding out” if they are presenting themselves as a couple by SSI definition. The same rules apply do as for a married couple and they will have their benefits reduced. If only one person in the couple is receiving SSI, the benefit will still be reduced or they may no longer be eligible for it. In addition, there is also a resource limit; the amount of money you can have in the bank for an individual is $2,000, but for a couple it is only $3,000. Further limiting us to financial independence.
Beyond these marriage-related SSI benefit and asset restrictions, eligibility for SSI in most states means eligibility for Medicaid. Medicaid covers services not covered by other health insurance plans such as a personal care aid, “certain” durable medical equipment, medications, and transportation to medical appointments. So anything affecting SSI eligibility may have a ripple effect.
Obviously, loss of SSI or Medicaid benefits can be devastating, life-changing and even life-threatening to a person with disabilities. And that is why there is a national movement to get this changed because marriage penalties are affecting realpeople in America.
As Mark and I stood up in our church in front of our family and friends in 1998 and said our vows to each other, we were unaware of the problems we soon face with Mark”s benefits. We just knew all the challenges we had overcome to get to this day. We did know our joined lives would be filled with new challenges.but we were not ready to be further punished by our government.
When I met my future husband, Mark, who suffered a brain injury due to a motorcycle ascendant at 16, he was unable to do traditional employment. As a result, therefore he did not have a work record to qualify him for disability so he was getting SSI medical care and food stamps and lived in low income housing. He managed to overcome many of effects of the injury and live an independent life.
About the same time as his accident in 1982 I suffered a stroke at 24 years old leaving me with vision loss and loss of my speech. Even though I was born with Cerebral Palsy and suffered the stroke, I was able to work for many years. At age 40, I went on disability.
In 1994 we both had moved to the same area and met at church. Within two years of knowing each other we decided to marry. We were both stubbornly independent. Even our pastor jokingly referred to the work it would take for us to compromise on issues.
We were ignorant of how getting married would affect his benefits. I was still working so my income made Mark ineligible for any benefits. Mark was an avid cyclist, but quit riding for fear that he could get injured and have high medical costs.
We chose to marry out of love and our religious beliefs. It is a decision we almost regretted doing. We had to come up with a plan to obtain at least medical coverage for Mark. My body could not sustain a full time job by 40 and I easily qualified for disability, Medicaid and Medicare. We developed a plan for Mark to have a small business doing lawn care so he could file taxes on his earnings to earn enough points (20) to qualify him for disability and medical coverage. It took 17 years of paying into Social Security for him to finally qualify. Those years were back breaking for Mark and we never believed it was fair to penalize Mark because I had an income.
Many disabled Americans have to choose between a loving marriage or life-saving benefits. We have the right to a marriage. The over 65 population faces the same penalties. Many choose not to legalize their union, but even living together can be considered married.
LMark and I now both receive disability and medical care.It is a great comfort for Mark to have medical coverage because he has needed serious medical attention since qualifying. We are in no ways financially stable and we struggle month to month. Mark has paid a high price trying to work. He suffers knee pain and has had many cuts and bruises in falls due to his poor balance. We have survived many obstacles in our 24 years of marriage. It was because of our stubborn determination to meet all of the qualifications we have been able to live a fairly comfortable life.
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