To Marry or Not to Marry: A Story of Disability Benefits

Imagine not being able to marry or even live with the person you love. The recently released documentary Patrice: The Movie, now available on Hulu, addresses this emotionally challenging conundrum. Patrice Jetter and Garry Wickham are the main characters in this touching film. They have both lived with disabilities their whole lives and receive disability benefits from the government.

After deciding to tie the knot and move in together, they learn that if they were to do so, they would lose some – or all – of their vital Supplemental Security Income (SSI) and Medicaid benefits. Without these benefits, Wickham would not be able to afford the medications and medical assistance on which he relies.

The challenges Jetter and Wickham face primarily stem from decades-old limits Congress imposes on SSI applicants and recipients. These limits can lead to penalties or reductions in benefits when beneficiaries marry or live together. This can deter people with disabilities from marrying or living with the person they love, creating a significant burden on their financial and personal lives.

How Marriage Can Affect Social Security Benefits

Each person’s situation is different, but generally speaking, individuals with disabilities who are receiving financial assistance through the SSI program may see their benefits reduced or canceled if they were to marry or move in with another person.

Supplemental Security Income

Supplemental Security Income is a needs-based program, meaning eligibility depends on the individual having limited income and resources. In 2024, an SSI recipient generally must have less than $2,000 in assets. Their monthly income also must not exceed $1,971.

When an SSI recipient marries, the SSA considers their spouse's income and assets when determining how much assistance the couple can receive. If the spouse's income exceeds a certain threshold, the recipient's SSI benefits can be reduced or cut off entirely.

When two SSI beneficiaries marry, their combined benefits may decrease because the benefit rate for couples is lower. This discourages recipients from getting married, since they might risk losing crucial financial support.

Social Security Disability Insurance

Social Security Disability Insurance (SSDI) provides a monthly benefit to people who have a disability that prevents them from working. These benefits are based on work history and qualifying for them does not depend on your having limited income and assets. They are, therefore, less affected by marriage. However, if you receive Social Security disability benefits, they could be affected under certain circumstances, including if you marry someone who also receives disability benefits and either of you has dependents.

Cohabitation Can Be Similar to Marriage

Disabled people don’t need to be married for their disability benefits to be negatively affected. Living situations with a partner can also have an effect on the benefits you receive. The SSA may view a cohabitating partner as providing financial support, potentially leading to a reduction in benefits. This situation, often referred to as the marriage penalty, disproportionately affects people with disabilities, essentially penalizing them for wanting to share their lives with someone else.

Recent Changes to SSI

Since Congress enacts the laws that dictate how Social Security benefits are administered, it sets the parameters for SSI applicants and recipients. These parameters include limits on assets that individuals and married couples can have in order to receive SSI.

In fact, in response to the film about Jetter and Wickham, the Social Security Administration (SSA) issued a blog post highlighting some recent changes it has made to help people who rely on SSI to make ends meet. These changes became effective September 30, 2024:

• The SSA no longer includes food in its in-kind support and maintenance (ISM) calculations. This means that SSI applicants and recipients no longer have to report any food they receive from relatives, friends, or community networks.
• The SSA is expanding a rental subsidy exception. This exception will be available nationwide instead of in just seven states, as it was previously. This policy change will ensure that people paying at least a certain amount toward rent are not subject to ISM in the form of rental assistance.
• The SSA has expanded the definition of a public assistance household by adding Supplemental Nutrition Assistance Program (SNAP) benefits to the types of public assistance listed. Additionally, not all members of a household are required to receive public assistance in order for their household to be considered a public assistance household. This change will allow more people to qualify for SSI and increase the amount of some SSI recipients’ monthly payments. Additionally, it will reduce reporting burdens for individuals living in public assistance households.

Though these recent changes are seen as a step toward reducing the financial penalties for people with disabilities, more changes can still be made. Advocates continue to push for reforms that would further separate disability benefits from marital status, so that individuals with disabilities are not forced to choose between financial stability and their personal relationships.

In its recent blog post, the SSA states, “we stand ready to provide expertise to Congress as it discusses and debates this issue.”

How Marriage Can Affect Medicaid Benefits

Medicaid eligibility is also income- and asset-based, which means changes in household composition can affect eligibility. For example:

• Income Limits: Medicaid considers the combined income of both partners once they marry or begin cohabitating. If the combined income exceeds the Medicaid eligibility limit, one or both individuals could lose their benefits.
• Asset Limits: Similar to income, Medicaid looks at combined assets. Marriage may result in exceeding asset thresholds, especially if one partner has savings or other financial resources.
• Spousal Impoverishment Protections: For married couples in which one spouse requires long-term care, such as in an assisted living facility or home-based services, Medicaid has rules that allow the nondisabled spouse to retain some assets and income. This is known as spousal impoverishment protections. However, these protections may not always apply to couples in which both individuals are disabled and living in the community.

Learn More About Disability and Marriage Rules

To learn more about benefits and rights for individuals with disabilities, check out the websites for the Social Security Administration, the Centers for Medicare & Medicaid Services, and the Americans with Disabilities Act. You can also contact an experienced special needs planning attorney near you. They can discuss your specific situation and potential options with you.

For additional reading on topics related to marriage for people who rely on disability benefits, check out the following:

• Before You Say 'I Do': 5 Questions to Ask Your Special Needs Attorney
• Dealing With the 'Marriage Trap'
• When to Notify the SSA of Changes in Your Life
• Bill Introduced to Raise SSI Limit, Make Other Reforms
• Senate Holds Historic Hearing on 'Woefully Outdated' SSI Program That Traps Millions in Poverty