However, the narrower Panetta bill, which would affect fewer people, would also cost a lot less only increasing the SSDI funds debt by 0.01%. Im on adult child disability. I am talking about financial benefits from the federal and state government. Opinions expressed by Forbes Contributors are their own. Copyright 2022 NPR. I want to share with you how marriage penalties are affecting real people, and why we want them changed, by sharing the perspectives of two other self-advocates: Timothy and Kurtlyn. B.J. Marriage penalties can compound for concurrent beneficiaries, she says, and access to health care, especially Medicaid HCBS, can often be absolutely necessary for people with disabilities to live in their own homes and communities., Claudia Center, Legal Director at DREDF further underscores the issues importance for disabled people. I am a career woman, I always have been. The study looked at the experiences of 213 couples living in the U.S. and Canada who were surveyed, about half of whom had a child with . If disability narrowed the circle of friends and social networks and participation in society, it would imply a smaller supply of potential partners who in addition could be old or poor or have health issues, for example. A few years ago, during a nationally televised tribute to actor-director Christopher Reeve, Reeve's wife, Dana, took the stage to sing a . And for those who are lucky enough to find someone they love, marriage offers enormous benefits that go far beyond financial or practical conveniences. This also deserves its own post(I promise to do it in the near future), but I do need to mention a large reason that the decision not to marry also has significant legal ramifications. Exploring disability practices, policy, politics, and culture. The sight of someone in scrubs made me sad, made me feel like my husband was sick. PDF Physical Disability and Problems in Marriage - JSTOR They both were beautiful and celebratory, and I had a great time. Engagements at restaurants or public places are so much easier, but houses are generally just so inaccessible. Its complicated rules, written decades ago, assume the spouse can cover medical expenses. Your email address will not be published. Third in the series on building a partnership with your doctor, this post digs into how to tell if you are seeing the right doctor. Some have broken under the stress and are no longer together. This challenge has been one of the hardest things weve faced together, but its definitely brought us closer together as a team. Microsoft Honors Captioning Software Maker Ava With Special Recognition At Microsoft Store App Awards, How The Halo Collar Uses Tech To Make Caring For Dogs More Accessible Than Ever Before, Mindset Matters: The Changing Business Of Mental Health (Part Four), The Awareness Month Fail: What Some Companies Are Getting Wrong. ), expectations, responsibilities. I would lose my Medicaid benefits. Marrying a non-disabled person would cause Lori to lose her SSDI, Medicare and Medicaid, which she qualifies for specifically as a Disabled Adult Child, (DAC). For SSDI its the disabled persons work record, or the work record of a parent or spouse. The amount of assets that a married couple is allowed to have and be eligible for SSI is $3,000. Pakistan: Cousin marriages leading to genetic disorders When I started to date my wife I had no idea I would marry her. Its a terrible position, and a gut-wrenching decision as anyone who is married or has wanted to marry well knows. Part of marriage has always been implied ownership/responsibility, and so that has been encoded here. Our lives and the quality of life we can enjoy is rooted in our ability to access health insurance. Any relationship. It makes no sense from a religious viewpoint. Still, there are significant barriers to making these changes. It offered some dollar amount estimates, but they werent very definitive. 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. For details on how your Social Security benefits or SSI could be affected, go to Will Remarrying Affect My Social Security Benefits? Not only that, but disabled people who marry each other while on SSI lose their benefits, because the asset limit for couples is $3000, and for singles is $2000. The authoritative record of NPRs programming is the audio record. Introduction: Marriage and having children is a right of Persons with Intellectual Disability (PWID), but there are barriers preventing their access to this right . For some time, for example, I was supported by the NJ Workability program, which allowed me to have Medicaid benefits while employed. Set em too high, youll never be happy. The simplest, most comprehensive way to undo this injustice would be to make marriage entirely irrelevant in all cases, and judge eligibility and amounts solely on each individuals situation, whether married or not. Things like physical challenges, unpredictability, transportation and fear of losing much needed benefits play into this. Too often, we havent even been considered sexual beings. So the only intelligent thing to do is to not get married. This is a look at some of the challenges weve faced in our marriage of just four years so far, together. You do deserve to date others, and you dont need to worry about this at all unless/until you are in a relationship serious enough to want to live together. They each had their own questions. I didnt know it was like that but Im glad I do now. One time, my husband told me he felt like he was just another thing for me to check off my list and another time he told me that I was acting like I was his Mommy. And even with a working spouse, having strong health insurance that thoroughly covers both is far from guaranteed. As Lori describes: Some have delayed starting a family. I cannot imagine losing my Social Security, which would then make me lose my insurance as a result. Do not just become "parent-partners.". Its all very sad and warped! The sense of being a burden is a very real fear in the disabled community, and the rules of SSI reinforce it strongly. We do just fine in bed, but we have a bit of a logistical issue with getting pregnant. MAHONEY: Millions of Americans with disabilities face marriage penalties, a total or partial loss of their federal benefits. Recipients get full benefits by not marrying. To lose the financial help of Social Security is just wrong. I am not just, or even primarily, talking about the financial costs of a ceremony (which can vary dramatically and can be planned with budgetary considerations). Its also worth noting that marriage penalties themselves are only one aspect of a broader problem with disability-related benefits. Its much easier to have people over to our home or like I said, meet in public. Let's get started. The name is disturbingly misleading. Still, this. Finally, although marriage penalties do not make marriage illegal for disabled people, as marriage for same-sex couples once was, for disabled people in love it feels and functions like an official disapproval and practical impediment to marriage specifically and solely for them. I work for a center for accessible living in Louisville, Kentucky. Changing Social Security rules about common law marriages. Caregiving takes time. I dont have SSI. I have a feeling were going to need a couple of miracles. However, other benefits such as SSI, Survivors, Divorced Spouses, and Childs benefits may be affected. People with disabilities deserve to be able to get married to the one they love. I had someone tell me once, There are some things anyone can do for your husband, and there are some things only you can do. Eliminating the rule that removes DAC benefits should a beneficiary marry. This cut down on my medical expenses, as Medicaid generally covers the remainder of medical costs(while Medicare covers 80%), and allowed me to be eligible for additional supports like a home health aide(which I did take advantage of at one point). Beyond these marriage-related SSI benefit and asset restrictions, eligibility for SSI in most states means eligibility for Medicaid. 3) Managingthree plans can change at any moment. We have medications and medical care needed to maintain our quality of life, and in many cases, simply to stay alive. Current Problems in Pediatric and Adolescent Health Care, 47. This is a BETA experience. Thankfully, my husband is really creative and is constantly finding ways to contribute in the housekeeping department. They no longer get food stamps, they no longer get a monthly check, and, most importantly, they no longer have Medicaidto manage their healthcare. Marriage Challenges of Women with Intellectual Disability in Iran: A I dont fully understand the logic. Just because my husband has a disability and cant do some things the way other husbands do them, doesnt mean he isnt 100 percent my partner in life. The problem is that if Im not careful, I tend to view everything in life like its a to do list. I can never understand why assessments are not individual based in most countries that I get to hear about. LILLY: As a person with a disability and as somebody who identifies as LGBTQ, for me, marriage means the acceptance by society. The Effect of Marriage on SSDI Benefits. Plus, I get to go to the gym! This means that for a person with a disability, the decision not to marry can also have substantial ramifications, especially if the relationship between their partner and their family is challenging, or the family and disabled individual are in disagreement about the best course of treatment. (PDF) Research on Marriage Problems and Countermeasures of Rural We have had some tight times, but thankfully weve always had what we needed. Like any other area of parenting, your child's disability and IEP can become a source of conflict in your marriage. It also doesnt make sense financially for the government, because its more expensive/time intensive to monitor people on SSI than on SSDI because of how restrictive the program is. Kurtlyn's Story It is hard enough now as it is with me supporting myself. But, many other people with disabilities are not in my position. Its interesting to read your posts I get to learn so much on how society tries to function in another part of the world. Senator Sherrod Brown of Ohio introduced that legislation. A 2003 study by the Social Security Administration offered some possible changes to reduce or eliminate the widely criticized disincentives and confusion in eligibility and rate rules for married couples and those living together. It is not my fault that I have my mental illness, and I have to struggle financially as it is because of not being able to work full time. Weddings are generally beautiful affairs where two people commit to one another, announce their love to the world, and celebrate their relationship with family and friends. In addition to cost issues and confusions, the issue itself is not well known and almost always overshadowed by bigger threats and injustices affecting the disabled community. And those it does affect it impacts differently based on differences that most observers would say are pretty insignificant. It may be worth noting that even the seemingly simple option of simply treating all recipients as individuals, regardless of marital status or cohabitation, may produce unintended consequences. Disability should not sentence someone to poverty, says Lori, But in many cases, it does.. The efficiencies achieved by living as a couple with pooled resources can be quickly wiped out by the high cost of living with disabilities. They affect some disabled people and not others. Most people who are or become disabled prior to marriage find that they cannot afford the costs of getting married. They have to make themselves poor in order to qualify for any help at all. That's an unfortunate position to put folks with disabilities into. According to a press-release, the Panetta bill would address Loris type of situation with the following changes: Congressman Panetta further points out that DAC rules in SSDI uniquely affect people with certain kinds of disabilities that are present from birth or earlier in life. Al is unemployed, no longer eligible for unemployment benefits, and looking for work. BETHANY LILLY: I don't think, you know, 50 years ago, people would be thinking about people with disabilities getting married, whereas now that's just a perfectly normal expected part of life for a lot of people. LONG: It makes no sense in today's world, says disability rights advocate Bethany Lilly. I am a self-advocacy coordinator who works with people with disabilities. Its a frustrating issue and one where reducing the restrictions is a win for everyone, Your email address will not be published. There are many government-sanctioned benefits and protections that people who are not disabled receive when their marriage is legally recognized. MAHONEY: For Lori Long, this Valentine's Day is a painful reminder that her wedding has been on hold for five years. Most social welfare programs, including SSI, are based on financial need. If two people on SSI are not married, they can live together and each has access to just under $2,000 of assets and be fine. Who puts these policies together that dont make any sense?! Those who successfully prove their eligibility often wonder whether getting married will affect their SSDI benefits. MAHONEY: And, says Lilly, the wrong message to send. I can keep my Medicaid as long as our income does not exceed $73,884. We Cannot Ignore the Connection Between Disability and Intimate Partner I am applying for SNAP and LIHEAP benefits for us while we wait, as my income is too high for me to be eligible for either program as a household of one but low enough for our household of two(which we are by virtue of living in the same apartment) to be eligible for those benefits. He takes care of the dog, all of the laundry and he mops our hardwood floors twice a week. With same-sex marriage, the obstacle was fundamental. The way Congress scores changes like this, Bethany explains, mean that when people lose their benefits, it is a savings for the Federal government. She says that much broader marriage penalty changes that were included in the proposed SSI Restoration Act would by Congress estimation add $350 billion the the cost of SSI over ten years. I attended two weddings this year, one for my cousin in Ohio, and another where a long-time friend of Als got married. When parents' only connection to each other is through or about the child, it can cause problems, Marshak said. This is why many disability activists speak of this issue as Marriage Equality, in reference to the better known issue that affected same sex couples until 2015 when the Supreme Court declared barring same sex marriage unconstitutional. As if anything about a disability is fair! Healthcare is too expensive for sole provider. It puts him in control of his care and that adds to hisindependence. In these cases, he says, Social Security discriminates against people with early onset disabilities, such as developmental or intellectual disabilities Eliminating this disparity is the focus of my bill., Ayesha Lewis, Staff Attorney at the Disability Rights Education and Defense Fund, (DREDF), which is helping advocate for this bill, says that because of reductions or loss of benefits due to marriage, marriage literally means life in poverty., Bethany Lilly, Director of Income Policy at The Arc also highlights the many damaging secondary effects of these seemingly obscure rules. This seemed fine and good. it actually looks like steps are being taken in that direction! In the photo album was a picture of this little kid (me) at camp for "crippled and disadvantaged children." PANETTA: We just feel that's an antiquated and borderline cruel law that should be changed. 2) Responsibilities: cooking/cleaning/yard work its all you (or at least, it feels like it). Some disabilities have tremendous care involved, which can be financially straining. It is a morally ambiguous situation at best. There is also a more general assumption two people sharing a household can live the same lifestyle for less money than they can apart. I was diagnosed with Duchenne Muscular Dystrophy at age three. Hi. Also, one of the rights that comes with a legally recognized marriage is legalrecognition as next-of-kin to your spouse. But what about the other marriage penalties not addressed in the Panetta bill? I was tired, stressed, resentful and not healthy emotionally or physically. Most children with disabilities have an Individualized Education Plan(IEP), which spells out parent and teacher expectations, Read More Can I go to school while on disability?Continue, Spread the love27Doctor and patient communication should be a two-way street, not one. While SSI does provide some income to survive on, and SNAP benefits to help purchase food, the most important service they offer is Medicaid, which covers much, sometimes all, of the medical needs of a person with a disability. The Effect of Marriage on SSDI Benefits - The Khaki Law Firm LLC There is tension when there isnt enough to pay the bills, though. This is not easy. During our first year of marriage, in the midst of getting used to being married and making that transition from me and you to us, I lost myself. The marriage provisions, Ms. Long maintained, are lodged in outdated ideas that have marginalized the disabled. They would get the same full benefits by marrying if we eliminated the penalties. For women, disability often means exclusion from a life of femininity, partnership, active sexuality and denial of opportunities for motherhood. The bill would primarily address a subset of disabled people affected by loss of benefits and health care due to marriage those on Social Security Disability, (SSDI), as a Disabled Adult Child, or DAC. Please join us in making that happen! Things like physical challenges, unpredictability,transportationand fear of losing much needed benefits play into this. My husband is paralyzed from the chest down because of a spinal cord injury sustained when he was a teenager. The following may become money problems in a marriage: Disagreements over financial decisions (i.e., investments, household spending, etc.) I am hopeful that the legislation will move, he says, once my colleagues in the committee and House leadership learn more about how this issue hurts their own constituents., Claudia at DREDF agrees, saying, I think it is useful to have bills that fix particular marriage penalties such as the Panetta bill and the SSI Restoration Act of 2021 as well as "omnibus" bills that fix all of the marriage penalties in one bill. This is an observation that applies to all sorts of bills before Congress.Sometimes the bigger omnibus bills don't move, says Claudia, and so then you don't get the opportunity to vet the language or get lawmakers on the record. Most importantly, almost nothing about single vs. couple finances can make up for a disabled person losing eligibility for Medicare or Medicaid. Forced Marriage among Persons with Intellectual Disabilities Similarly, disabilities are more than the things we can observe physically. Exploring disability practices, policy, politics, and culture. While some programs discuss household values(which would affect you and your partner from the moment you live together), sometimes only individual assets are considered for supports. On January 13, 2022, California Democratic Congressman Jimmy Panetta introduced H.R. I suspect the issue is that if you got married, youd be considered your spouses dependant, rather than your parents. Im usually get between 4-6 hours a day. My husband feels like hes not being the provider he should be as a husband. The whole business around Social Security benefits and marriage is shady, and feels inherently discriminatory. People with Disabilities and the Federal Marriage Penalties Being young and newly married, I wanted to spend as much time just us as we could. How to take care of your marriage when you have a child with special Research on marriage Status quo and Countermeasures of Disabled People --A Case Study of Huanggang City, Hubei Province [J]. As long as you maintain separate bank accounts and financials from a partner and dont take the others name and things like that, youre likely ok. I was aware of some of the problems with her request, including federal marriage penalties, and I felt: Why try? And most of the time it is. https://www.themobilityresource.com/blog/post/10-marriage-challenges-caregivers-of-people-with-disabilities-face/, 12 Ways to Living with Confidence Despite Your Disability, 8 Misconceptions And Tips About Love For People With, 13 Romantic Things to Remember in a Marriage with a, unemployment statistics for people with disabilities, New Toyota Hybrid Wheelchair Vans Available for Pre-Order, What to Expect When Shopping for a Handicap Van, 10 Marriage Challenges Caregivers Of People With Disabilities Face. Maybe it is shallowness or ignorance by people without disabilities. It is a lifeline and the foundation for building a safe, satisfying, and fulfilling life. Due to this, he is ineligible for SSDI, which requires full-time employment for 5 of the previous 10 years (he has more than enough points to be eligible for retirement benefits). Thanks for your comments here. During the dark time when the weight of my husbands disability hit me and I was depressed, overwhelmed and hopeless, I felt so alone. The details of how Lori got here are complicated. We only receive the coverage if we are currently receiving benefits. The right to theoretically use a spouses possible benefits is generally not as useful as having a source of health insurance that isnt dependent on employment status. We have to find a couple of people to lift my husband and his wheelchair, then inside, he usually cant get to the bathroom so we have to be careful about how long we stay. Again, double check the common-law rules for your state and the link I shared to better understand your options! But both are for all practical purposes prevented from marrying because of their disabilities and obscure rules of the programs they depend on. People with disabilities, by definition, are more apt to need health care than anybody else. I remember when my husband and I first got engaged. For the past two years, Ive really been wanting a baby. I learned through counseling that what I was dealing with was actually grief, brought on by my husbands disability. Historically the idea of disabled folks marrying (or worse, having children) was generally disapproved of if considered at all. Let's say I got married and our joint assets are more than $3,000. Some disabled people who are concerned with this issue like Dominick Evens who is also affected by marriage penalties and has advocated for years to change them dont agree with this bills scope and strategy. And it would likely reduce SSI payments because fewer SSDI recipients would be forced onto SSI by loss of benefits through marriage. You may opt-out by. SSDI benefits, like I have, arent fully limited based on marriage, but SSI benefits are. Ive been wondering if it would be okay if I found a relationship that didnt involve marriage, or if that too would lead to trouble. People with disabilities deserve to be able to get married to the one they love. Both Lori and Dominick also have people in their lives they love and want to marry, people who want to marry them. I am also a trainer. MAHONEY: That's Congressman Jimmy Panetta of California. And loss of Social Security benefits almost always results in loss of health insurance too, which for many disabled people is far more damaging than loss of monthly income. Because obviously, if you know about these penalties ahead of time, you can avoid them by simply not getting married. If these programs only provided money, I would not be as concerned.
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