Marriage and Disability Benefits

[JR Gabbard]

Now that marriage is legal for all, before you consider tying the knot, consider the possible effects on your disability benefits.
This is an excellent article about some of the possible consequences.
In short, if you receive SSI and/or Medicaid, getting hitched could reduce or eliminate your monthly benefit or eligibility for care.  Same with VA Indemnity (low-income disabled veterans).  ADAP generally combines incomes for married partners, which might have a negative effect on eligibility as well.
If you think this is grossly unfair, I agree with you.  Here's a Facebook group of activists, if you want to do something about it (also linked in above article).
ON THE BRIGHT SIDE:
Marriage does not reduce SSDI benefits or Medicare eligibility, but surviving spouses can collect a survivor's benefits based on the deceased partner's benefit.  Same goes with VA service-connected benefits, except the VA pays more if the couple lives together.
With private LTD policies, check with the provider to see if you are entitled to more money, or if there are survivor benefits associated with it.
So in short, if you're on benefits and thinking of marriage, see a knowledgeable counselor first.
Mazel Tov!

[tednlou2]

Many get the Extra-Help for SSDI, which pays the Medicare Part B and D copays, premiums, and deductibles.  Many also get Medicaid to cover the 20% Part B does not.  On Extra Help, many pay just $2-something for generic drugs and $6-something for brand. 

One could say, "Okay, I will now have to pay my Part B and D premiums, so about $200 a month."  That wouldn't be detrimental for many.  However, that 20% is a huge benefit, though.  You would have to start paying 20% for those doc visits, tests, etc.  Giving up that could cost thousands a year.  And, instead of paying those low drug prices, one would be required to pay more-- perhaps much more for their HIV meds.

That is an unfortunate part about this decision.  You can now get married and have all those protections, but it may be a huge financial liability.  Getting married to someone who doesn't make that much per year may have no impact on Extra Help.  But, I believe a married couple cannot make more than about $27k a year combined??

[ARMANDO]

THAT DOES IT!!!I WILL DEFINITELY MARRY FOR MONEY!!!!

[wolfter]

Thanks for taking the time to post this.  Unfortunately, straight people have battled these isssues also.  So we got our equality.

My father and stepmother divorced after 27 years simply to protect their assets after she was dual diagnosed with brain and lung cancer.  They owned a business and the insurance they had would have left them bankrupt after paying for treatment.  5 years of treatment  cost almost 400k out of pocket.

[bocker3]

That is an unfortunate part about this decision. 

Nope -- there is nothing "unfortunate" about the decision for Marriage Equality!!  It is ALL GOOD -- equality is a good thing.

This is about the fact that if you are married, your income is not just "yours" it is "ours" and income based benefits look at all the income.  So it is a "marriage" issue, in general.  We can't pick and choose what we want -- we get marriage, with all the good and bad that comes with it.

Everyone, gay or straight, needs to look at everything before getting married.  It might hurt benefit eligibility to do so - but then again, you might miss out on other benefits by not doing so.  It's an individual thing and should be looked at from both the short-term impact view and the long-term impact view.

Mike

[wolfter]

Nope -- there is nothing "unfortunate" about the decision for Marriage Equality!!  It is ALL GOOD -- equality is a good thing.

This is about the fact that if you are married, your income is not just "yours" it is "ours" and income based benefits look at all the income.  So it is a "marriage" issue, in general.  We can't pick and choose what we want -- we get marriage, with all the good and bad that comes with it.

Everyone, gay or straight, needs to look at everything before getting married.  It might hurt benefit eligibility to do so - but then again, you might miss out on other benefits by not doing so.  It's an individual thing and should be looked at from both the short-term impact view and the long-term impact view.

Mike

Mike.  If you read JR's initial post you will see my point.  he said he thinks this all grossly unfair.  I agree.  We're all equal now and as gay people, we must look beyond the feel good aspect of this ruling. 

It is yet another ruling that gives us equality and options. 

[bocker3]

Mike.  If you read JR's initial post you will see my point.  he said he thinks this all grossly unfair.  I agree.  We're all equal now and as gay people, we must look beyond the feel good aspect of this ruling. 

It is yet another ruling that gives us equality and options.

I understand that this is not unique to "us" -- and I love having the equality and options.  My main point was that the "unfortunate" piece was NOT about the ruling (which I don't think is really what Ted meant anyway), but that with the ability to marry comes good and bad.  I was separating that from the ruling - which I think you are also doing.

For me personally, I am still glad that I was able to marry and am glad that I now can move to any state without worry of nullifying it -- any "bad" that comes with it is far outweighed by the good.  However that is MY situation -- and someone else's may be very different. 

Looking forward to see you in a few weeks!!

M

[JR Gabbard]

There's more to consider before getting married than just benefits.  Beyond the most important questions of love, and whether you want to commit to spending the rest of your life with this someone, I think it is important to remember that marriage equality is still vehemently opposed by an increasingly small, but potentially troublesome minority.  Remember that as soon as the Supreme Court announced its opinion, some on the religious right were threatening to resist the law.  Since they can't stop anyone from getting married, the threat sounded meaningless.  Nonetheless, marriage bigots can significantly mess with your life, in ways that are problematic for people with HIV.
This article gives a pretty good rundown of the potential danger areas.
If you live in a state that lacks an anti-discrimination statute, more than half of the states fall into that category, you can be fired for being gay.  Even if you live in a state that doesn't, your company may have a non-discrimination policy.  But if not, getting married will definitely out you.  Know your boss.
Unless you live in an area with a housing non-discrimination statute, you can be evicted from your rental housing for being gay.  To me, this one presents a bigger problem, because while you might be able to know (or figure out) where your boss stands on the issue, it would be a lot harder to figure out your landlord's mind.  Maybe if you were in close contact, but even then you never know.  You could come home from the honeymoon and find an eviction notice waiting.
Please note that just because you can be fired or evicted, does not mean you will be.  It is something to consider when making the big decision though.
I know I sound like a Debby Downer right now, and I don't mean to.  Full disclosure:  I've been married (to the man of my dreams) for 2 years.  We live in California, in one of the gayest neighborhoods in the US (it's in Palm Springs).   When we got married, it affected my husband's eligibility for ADAP, but we were able to replace it with another program that he became eligible for as my spouse.  His (Catholic) family has accepted me as a brother/cousin/uncle.  The proudest moment of my life has been to marry him in front of the Harvey Milk statue in SF City Hall.  Other than the blip with ADAP, we've experienced almost no negativity.  So it's easy for me to say go for it!  Tie the knot!
I also grew up in small town rural America, so I know that it's not always so simple.  In a society where everyone knows everyone else, secrets are the glue that holds things together.  But haven't we just seen a phenomenal shift in public opinion in favor of equal marriage?  Hearts and minds have changed.  I don't see that trend reversing, but it might be a bumpy ride for those brave souls who live someplace where their legal marriage is still controversial.
Harvey Milk said that the only way for the Gay Rights Movement to succeed is for every gay and lesbian person to come out.  It's easy to hate a concept, it's harder to hate a concept with a face attached.  I think that's how marriage equality is going to work out, too.  Getting hitched is the ultimate coming out.

[2tcells]

I have wanted to be married for 10 years to the mother of my kids but we cant afford the consequences. we cant even pretend to be married in public because we would be considered "holding out" in the eyes of ssi. my girlfriend makes maybe 1300 a month which would mean I get zero for a famiy of 4 if we were married. my meds cost $3000-4500 plus dr visits. we cant have a bank account in common or own anything together because of holding out. that's just how it is if you were disabled before you turned 21. you can marry another disabled person who was also disabled before they were 21 and you will only lose 25% of your income and 33% of how much you can have in a bank account. so if I could afford to have $600 less a month (my check) and pay $3000-$4500 a month in med cost I could be married