The Benefits of Love?

The Love

“I just got engaged to the love of my life! I’m so happy! By the way, is getting married going to affect my SSI?” I see many Facebook posts and e-mails like this. Even more around Valentine’s Day.

Some Complications

I can’t resist responding, first with congratulations, and then with practical information that runs the risk of silencing wedding bells. I’m a Benefits Counselor who has answered questions about disability benefits and marriage since 1995, and regularly have to inform people that marriage isn’t always advisable if they rely on Medicaid. Getting married also may affect other disability benefits depending on what type of benefits you’re on.

Answers are seldom simple, and there’s no shortage of mediocre advice. I end up doing a lot of “damage control” to correct misinformation and reorganize jumbled facts. What’s true for your friend who got married, may not be true for you.

First, I’ll ask about your benefits. With so many acronyms, you may not even know what programs you’re on! But knowing is important, because some benefits are affected by your and your spouse’s income and resources.

Then, I’ll ask if you’re in a common law marriage state where couples who live together are considered legally married. Even if you’re outside of a common law state, I’ll tell you about the Social Security Administration (SSA) rule that says if you’re on SSI (not SSDI) and you call yourselves husband, wife, etc., SSA can treat you as married, even if you’re not. Medicaid programs also have these “holding out” as married rules.

Confused? You’re not alone. If you plan to marry or live with someone, contact a qualified benefits counselor to learn more.

The Technical Stuff

What are your benefits? Call SSA (800-772-1213 or 800-325-0778 TTY) or log in to my Social Security.

Also…

You can tell you’re on Supplemental Security Income (SSI) if you’re paid on the 1st of the month. SSI either comes automatically with Medicaid, or you can apply, depending on your state. SSI and Medicaid are affected by income and resources, and if you marry, what your spouse earns and owns will also be counted. Some Medicaid waivers ignore spousal income and resources, but they’re rare. Medicaid covers Long-Term Services and Supports (LTSS), key for many to be able to live independently. If you’re not on SSI, you may still be eligible for Medicaid.

You know you’re on Social Security Disability Insurance (SSDI), Childhood Disability Benefits, Retirement, or other Title II benefits, if you’re paid on the 3rd of the month or the 2nd, 3rd, or 4th Wednesday. You are eligible for Medicare, usually after a waiting period. These benefits are not affected by your unearned income and resources, or by your spouse’s. Medicare does NOT cover LTSS. Note: Childhood Disability Benefits end if you marry, unless your spouse is also on Title II benefits.

You might be on both SSI and Title II benefits.

Back to Love

When you find love, embrace it. But can that love include marriage? Will your sweetheart’s income and property jeopardize your independence? That is a legitimate possibility. For many disabled people, marriage is not a viable option. No one should have to choose between love and keeping the only health insurance that covers one’s complex needs. But until the system is reformed, that is the choice many disabled people face, which is really no choice at all.