Posted: March 28, 2022
Updated: February 14, 2024
What is DAC?
The “Disabled Adult Child” or DAC benefit is a Social Security Administration (SSA) disability benefit. It is a “secondary” benefit, meaning it is based on another person’s work record (in this case, the parent of the beneficiary). A DAC beneficiary must be a dependent “adult child” with a qualifying disability that began before age 22. Recipients must be unable to engage in “substantial gainful activity” due to their disability. There are about 1.1 million DAC recipients.
DAC recipients receive a monthly stipend and Medicare. In addition, many DAC beneficiaries have Medicaid based upon their status as a DAC. Medicaid covers personal attendant care and other disability-related services and devices that are not covered through private insurance.
What happens if DAC recipients marry?
Individuals receiving DAC benefits lose their monthly stipend and Medicare if they marry; they can also lose their Medicaid. The only exceptions are if the DAC beneficiary marries another DAC, a person on Social Security Disability Insurance, a person entitled to “old age” SSA benefits (earliest age 62), or a person receiving another “secondary” benefit. The loss of Medicare, Medicaid, and the stipend would be life-threatening for many people with significant disabilities. As a result, many DAC recipients cannot marry the person of their choice.
Is DAC the only SSA benefit with marriage penalties?
No. Recipients of Supplemental Security Income (SSI) can lose their stipend and Medicaid if they marry a person with an ordinary (or higher) income or level of assets, because the SSA counts the spouse’s income and assets. If two SSI recipients marry, both individuals face a 25% reduction in benefits and the assets cap.
And every beneficiary of a secondary benefit – not only DAC beneficiaries – can lose their eligibility for benefits through marriage.
Why are the marriage penalties affecting DAC and other disabled recipients of SSA benefits particularly unfair?
The penalties that prevent DAC and other disabled recipients of SSA benefits from marrying are particularly unfair:
- People with qualifying disabilities are by definition unable to work at a “substantial gainful activity” level, meaning that disabled beneficiaries cannot readily take affirmative steps to make up for the stipends and health benefits they lose if they marry.
- DAC is the only secondary benefit based upon the disability of the beneficiary. Further, unlike other secondary benefits, the DAC benefit is associated with young age (disabilities beginning before age 22), which means that the marriage penalty applies throughout the years and ages during which many people wish to marry and start families.
- Our country has historically organized its systems for the delivery of medical care and support services to disabled people through Medicare and Medicaid, making the losses of these benefits untenable for people with significant disabilities.
Recipients of DAC and SSI disproportionately live in poverty. More than 40% of SSI recipients and nearly 36% of DAC recipients have incomes below poverty– the two highest poverty rates of any category of SSA beneficiaries.
Is there any way to change the law to give disabled people marriage equality?
Rep. Jimmy Panetta (CA-20) and Rep. Zoe Lofgren (CA-18) have introduced H.R. 6640 which, if passed, would change current law to allow DAC recipients to freely marry without losing their benefits. A resolution passed by the California legislature, SJR 8, supports the elimination of DAC marriage penalties.
Other legislation, including S. 2767, The SSI Savings Penalty Elimination Act introduced by Sen. Sherrod Brown (OH), would help eliminate some of the penalties that prevent SSI recipients from freely marrying.
References:
42 U.S.C. § 423(d)(1), (5)
42 U.S.C. § 1382(a), (b)
Benefits Paid By Type Of Beneficiary, https://www.ssa.gov/OACT/ProgData/icp.html (select “Child of retired worker”, “Child of deceased worker”, and “Child of disabled worker”; DAC recipients appear in column labeled “Disabled”).
U.S. Dep’t of Health & Hum. Servs., Centers for Medicare & Medicaid Services, Groups Deemed to be Receiving SSI for Medicaid Purposes (June 12, 2002), https://www.hhs.gov/guidance/document/2002groups-deemed-be-receiving-ssi-medicaid-purposes.
Characteristics of Noninstitutionalized DI and SSI Program Participants, 2013 Update, https://www.ssa.gov/policy/docs/rsnotes/rsn2015-02.html.
David A Weaver, Marriage and Social Security: The Case of Disabled Adult Child Beneficiaries, https://ssrn.com/abstract=3507766.
I am on dac disabled survivors benefit on behalf of my deceased father . Can I have kids? Even if im not married with my partner or how does dac social security manage pregnancy child birth being on dac
Yes you can. I have several children. We cant legally marry though without losing our benefits. In my personal opinion it was a form of population control to prevent people with disabilities from procreating(marriage). So now we get to choose between marriage (our faith/morality) and family
What happens if a DAC is not married but his girlfriend has a baby? Does the baby qualify for SS?
I’m 34 yrs old, and am just one of I can’t imagine how many dealing with this same exact situation. As a Christian woman/family it is very hard to justify our relationship and children solely because the government chose to label “DAC” as unweddable. If the LGBTQ community has marriage equality, why can’t we? The law was originally made to prevent procreation and inherited disabilities which in itself is sick. And now the government uses our benefits as a ransom for marriage/morality. Our people deserve better. We deserve the freedom to marry whoever we choose without prejudice. To bear children if the Lord so desires in a moral and just way, and lastly, we deserve to maintain our life sustaining benefits.
This law has had no mention, action or change in close to 18 months. Please bring change and equality.
Melissa I absolutely couldn’t agree with you more! It’s awful! My bf and I have been together for 13 years and we can’t even get married without losing his benefits because he is considered an adult child. Basicly what they’re saying is they’re not worthy of marrying someone other than another disabled person. I would think that would be considered discrimination.
If you are on TikTok there is a thriving disability/chronic pain community join us to make noise about this!! It is just a right as a moral thing but also marriage affords protections for both spouses. Medical decision making topping the list!
That right they do as they want same as like marijuana they legalize it now just anything the government can make from they not going to help the poor none and like that makes us just hell bound because u have to be married to live together make it to heaven. But and the same marriage between two women or men I mean that uo to all them but u know they wouldn’t have never done that if not for all the lawsuits they had over but. That good old USA. For u. I pray they pass that because u know my father never even paid child support
Hello, I agree with the person above we need change .
. If the LGBTQ community has marriage equality, why can’t we? The law was originally made to prevent procreation and inherited disabilities which in itself is sick. And now the government uses our benefits as a ransom for marriage/morality. Our people deserve better. We deserve the freedom to marry whoever we choose without prejudice. To bear children if the Lord so desires in a moral and just way, and lastly, we deserve to maintain our life sustaining benefits. DISABLED ADULT CHILD SHOULD NOT BE DENIED BENEFITS IF THEY MARRY!!!
I find it so unfair!! I never knew how many deal with this cause Iv never met anybody even close to my situation but tonight I started to search the internet. As I am a Christian women and my bfs fam is very strict Christian. It scared me when we first met. I didn’t want him to “lose out on life” the way J knew I “had to”. First our Church rejected our relationship. Then I went around & got many to sign that they approved us as a Christian relationship & would love to attend our ceremony of dedication but ultimately in the end any church we have tried calls it fraud and won’t support or recognize it. So we are looked at and judged as major sinners. I got basically pushed out of all my church volunteering jobs & im not slowed to become an official member as I openly preach about something they consider sin. But yet the man who cheated on his wife is t kicked out. That’s sin! It’s all so judgemental and isn’t judging others a sin?! If we are just speaking religion wise, I always felt that us dedicating ourselves & our lives to eachother & God, being loyal, faithful, loving & supportive was more important than a piece of paper from the government. So I feel churches denying us is the real sin.
We are both in early 30s & he refuses to leave me despite all the struggles. We have been together almost 14 years now. But as we age it gets harder & harder to deal with all the things we are robbed of. And it’s impossible to even try to get re introduced to the regular world. See if I tried to Id immediately lose life saving things & support. And to get a job I’d need a degree and getting a degree means school. And there’s so much more to it but I’m not gonna go into it all now & here but if your on this page I am suuuuure you know the difficulties.
And those that want to say something about us having a family, especially those that don’t walk our path, you have no right to judge our reproductive rights WR DESERVE!!!!
It hurts my heart others are going through this but thank you for being brave and posting love. Eventhough I wish I was alone in this and nobody else had too deal with the pain & struggle, I’m glad I saw this page & know I’m not alone and I WOULD LOVE YO TALLY AND FIGHT FOR OUR RIGHTS WITH ANYONE WHO WOULD LOVE TO JOIN ME!!!
I saw someone below mention a support page on TikTok. I’m not a huge social media person but made a secret page and have been finally starting to share my very rare story. See I’m 32, have coded mult times, had mult comas, & 34surgeries & still undiagnosed, so I pretty much have no rights to my life & im tired of it. I wanna fight for my life and for the freedom of choice and liberties we all deserve.
My handle name is @stormys.secret.life_
Because “Fate whispers to the warrior, “You cannot withstand the storm,” and the warrior whispers back, “I am the storm.” ❤️
I should be getting the DAC disability benefits but I am married and I have lived in poverty my whole 23 year long marriage. I feel like I have fallen between the cracks and it feels absolutely hopeless as I don’t even have work credits and my husband in unemployed. I am desperate for help, it feels so hopeless and need this law to pass. Sincerely
Thank you for reaching out. Please feel free to share your story with us at this link: https://www.surveymonkey.com/r/QCVQL8K
I have a DAC in my household who wants to get married and desires a normal life. He wants to get married and have children. His injury was at birth and is not genetic. Please pass this bill.
Thank you for reaching out. Please feel free to share your story with us at this link: https://www.surveymonkey.com/r/QCVQL8K
Kay I don’t know if you will see this, but ABLE accounts are not just for DAC and they recently raised the age limit so you probably can get an ABLE account if you wish to. Go to the national ABLE website to read the latest updates & changes to the law.
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This is beyond frustrating. I am unable to work physically, simple as that. Disability is my best option here, yet I’m not allowed to marry? Unless you intend to hitch with a millionaire, there’s no way both of you can afford everything on only their paycheck. That’s unrealistic expectations these days, depressing and aggravating. These are stupid rules. Limitations made by people who have never been in our situation before. I really hope those amending legislations go through. It would finally give us the freedom to enjoy living with a partner without fearing for our insurance or bills, and being able to bring some form of income to the table.
It’s especially true since a lot of states have common law marriages. Which means every couple of years you need to find someone else to live with. Which makes it very hard since these benefits don’t even cover rent.
Thank you for reaching out. Please feel free to share your story with us at this link: https://www.surveymonkey.com/r/QCVQL8K
Thank you for reaching out. Please feel free to share your story with us at this link: https://www.surveymonkey.com/r/QCVQL8K
+1 for Eric Clements post
Allow disabled the freedom to work w/o losing future DAC benefit
Actually the SSI work incentives are much better allowing one to earn up to $48K/yr in CA in 2022
w/o losing SSI eligibility (in case disability worsens and person cannot work anymore and has to fall back on SSI)
But the DAC eligibility says at no time past 22 a person should have worked 6 or more months at SGA ($1350 in 2022
but actually no more than $950 Trial Work Limit for 2022) to retain future DAC eligibility. This rule is very subtle
and disabled are not informed about it even by WIP counselors and I have lost DAC because I was only told about how
work affects SSI
Thank you for reaching out. Please feel free to share your story with us at this link: https://www.surveymonkey.com/r/QCVQL8K
A disabled persons disability could affect them at any time allowing some disabled people to work longer than 6 months but still be disabled so why is it that after 6 months sga SSA is allowed to discriminate and deny DAC benefits to those that worked 6 months sga or more? If a disabled person can’t work when his or her disability allows us to without being discriminated against by indirect discrimination do to a bad SSA SGA SSI DAC benefits policy disqualifying/discriminating against disabled people who’s disabilities allow them to work longer than the SGA so either SSA is discriminating against disabled people or there is no EEOC protection for disabled people either way the SSA policy regarding SGA and DAC benefits is in violation in more than one way and deprives me of money I should be getting through DAC benefits if not for this bad policy I got proof I was born disabled I got proof I’m still disabled
Thank you for reaching out. Please feel free to share your story with us at this link: https://www.surveymonkey.com/r/QCVQL8K
No this is NOT discrimination. IF you can work and earn SGA then your benefits after your trial work period should end. IF you then are unable to later work then you need to apply for SSDI and/or SSI. I have been disabled since birth and should have been on disability my whole life. I didn’t know it was an option, and forced myself to work. I really struggled to work because I didn’t want to sit home and do nothing. I’m now on SSDI but I don’t get all the benefits they offer to DAC beneficiaries like ABLE accounts despite being disabled since birth.