Sep 27, 2020

Abolish The Marriage Penalties


      Should marriage be discouraged? There may be a few who have had sad experiences with marriage who would answer that question “yes” but I think that most would say, to the contrary, that marriage should be encouraged. So, why does Social Security have provisions that punish people for getting married? Why do I as an attorney who represents Social Security clients have to warn people about the negative consequences of marriage? Social Security may not be the sole reason but disabled people are much less likely to marry than healthy people. That’s not a good thing for the disabled people or society in general.

     Here are those punitive provisions:

  • In most cases people drawing disabled adult child benefits lose all benefits if they marry.
  • Two disabled people drawing SSI get less money as a married couple than if they just “live in sin.”
  • A disabled person drawing SSI can continue to receive SSI if they “live in sin” with a person who is working full time but loses benefits if they get married.

12 comments:

Anonymous said...

Disagree. SSI is a program for low income, low resource folks. So you are saying if someone who qualifies marries a millionaire that they should continue to receive a benefit designed for the poor?
Disabled adult children are paid a benefit because they became disabled prior to age 22 and are assumed to be dependent on parents who are retired, disabled or deceased. Once they marry let their spouse be responsible for their support.

Anonymous said...

7:01 pretty much puts forward the underlying perspective on this. But if 2 DACs marry, they can keep benefits. Why does the qualification of the spouse matter if the principle is let the spouse be responsible? Because the bad publicity of say 2 Down adults being told by the government that if you marry, you both become penniless, while if you live together, no problem. That fight has no winner, hence the exception.

On the SSI side, it's a program designed to be punitive so the marriage impact is simply that, a declaration that punishment for being on SSI and daring to marry more than anything else. The financial theory that 2 can live more cheaply than 1 is, of course, wrong, but a key underpinning. Hence all the sturm and drang about "holding out".

Marriage is for respectable people, so making people "live in sin" just is part of the view these folks aren't respectable.

Anonymous said...

Half of U.S. adults today are married, a share that has remained relatively stable in recent years but is down 9 percentage points over the past quarter century and dramatically different from the peak of 72% in 1960, according to newly released census data.

I do not see that trend changing. Women are no longer bound to a husband for support and can now take care of themselves, well at least for now, with the new supreme court it could go Handmaiden at any time.

Anonymous said...

@8:15

The reason the DAC exception for disabled spouse exists is because DAC expects upon marriage the spouse will care for the disabled individual, as his or her parents did prior to marriage. Sidenote, that's why DAC is available based on your parent being dead, retired, or disabled themselves. If the individual is marrying someone who is themself disabled, then obviously the spouse cannot care for the disabled individual, or themself for that matter. It's not a matter of "bad publicity," it actually makes a great deal of sense.

Anonymous said...

Glad you posted this. I was recently proposed to, and said yes. THEN I read about everything. His income cannot cover my $100,000 per year medical bills, I would lose the SSI portion which connects me with medical (medicare and medicaid an other state benefits). Even with Medicare only, paying 80%. under SSDI (which isn't affected), we would struggle to pay the other 20% premiums and other misc. expenses using both his income and mine. However, he makes too much for me to even keep me receiving $1 in SSI to keep me qualified for medical. So... I will marry him, when I'm prepared to die, I guess. It's a very sad decision to have to make. Throws one into the "worthless" category again. Everyone seems to think that being disabled is the ultimate life...no work, money in the bank. That is NOT the case, as most of you know. It's a sad existence, made only worse by having what seems like forbidden love involved too.

Anonymous said...

@7:01 - Send me a millionaire husband (quite rare, as I've never met a millionaire), and I will agree with you 100%. I don't think this applies much to someone marrying a millionaire. I'd dump SSA in a heartbeat if a millionaire was going to "take care of me". So...what dating site do you use where all these millionaires are looking to married disabled people?! I'd LOVE to be off SSDI/SSI.

Anonymous said...

3:24 Contact your local CIL, find out what they can do to help you get off SSDI and work within the limits of your disability. Find the training programs and develop new skills for todays much more accessible work environment. Be dedicated and strong, dont take no for an answer and find a way. Millions of Americans with disabilities work every day, you can too!

Anonymous said...

The whole legal idea of marriage is flawed. This is just another example.

But you forgot about the disabled widow or widower's benefits for those over 50.

Anonymous said...

@3:55 I am well aware of what I need to do in the future to get back on my way. Short of the millionaire that was mentioned by 7:01, right now, that's not possible. I knew there was stigma behind being on disability before I filed. I never REALLY understood it until I have it thrown in my face all the time. I'm not ignorant, I'm just broken at the moment. I have to let the glue dry. I'll be back on my feet, but I shouldn't have to wait to get married until then.

Anonymous said...

A3:55 spoken by someone who never has had a life-shattering disability, who thinks people are disabled because they choose to be & only need positive thinking to overcome. How heartless! And how wrong!

Anonymous said...

At 1:19 how incredibly wrong you are! Thats the great thing about CILS have staff that are disabled! We work every single day to help get people to overcome conditions and reinvent themselves.

Sorry your heart is filled with such anger and hate. May you over come that in the future.

Anonymous said...

@1:58. I believe it was your tone, and the placement of your original post. Knowing now who you are makes it a little less harsh sounding. Your commitment to helping those who are disabled to work, is great! Just know, we're not all in the situation of working at the moment. It's good to know the organizations to help are out there. Just be careful how your posts sound. It sounded more like it was "mocking" disabled people, but with further context, I see that is not the case. Thank you for helping disabled people become valued members of society...when they are ready. d:-)