The Marriage Penalty Law: What is it? Who does it effect? And why

In 2015, I found out that for some people who are disabled,and who also receive monthly benefits, and wish to marry. Their benefits will most likely be reduced and/or taken away all together. This is called, The Marriage Penalty Law. (Note: Not every single disabled person is effected by this law. For example if a person is on SSDI, and they marry someone else on SSDI, then this law does not effect them,) And not every single disabled person lives a "cookie cutter" life. Everyone has their own way of living. And how they do things to live as independently as possible. This law also applies if one spouse is abled-bodied as well.The following information is based on different situations, on what effects whom, and how. SSDI-Social Security Disability insurance : Funded Through FICCA & SSI Taxes Marriage Penalty law does not effect SSDI. For anyone one with a long work history and paid into SSI prior work years. You also need to have been working for the last 5 years of a ten year working period. For the severally disabled can't find work in your field. spouse can get a " benefit Payment" but only under said partner's work record SSI-Supplement Security Income: low income/ few resources. provides money for basic needs: clothes, shelter, ECT. (Monetary Need.) as of 2015, the complete SSi payment for one is $733, and a couple on SSI is $1,100. Subsidy: (if you qualify)Extra wages by employer. If outside help is used, I.E. job coach then that "extra" in wages will be subtracted from his/she gross wages. Effects on Marriage for said couple: "Marriage Penalty":Combining wages/assets to push said couple higher of the tax bracket. The Main concern: Being that when the two things combine:This disqualifies both partners to loose their public benefits. Result: Unable to live successfully in their community as a thriving couple. 25% decrease in benefits. Loss of any medial assistance/ or outside help. "reason" two people can live with less, then on your own* if their joint assets are more then 3,000 Loss of medical. (Which could include CPAS/Nurses, ETC. Whatever services the person(s) May need to live a productive and independent life. After subtracting 65-85 $ from the working spouse's earnings/ cut whatever is left over in half. whatever is left over is the spousal income "deemed" to you. wedding gifts(cash) is counted as income/ an asset. For example:For someone who is receiving Medicaid The first $194 dollars will off set her SSi, there for she must report said gifts. Then an overcharge of payment will be on that months SSI, and she'll be made to replay it back. Depending on the state however, with a weaver program in place said spouse's income/assets are not "deemed." Then said gifts can be given to the new spouse. Electronics, furniture, and such are exempt because they're a part of their every day living. To live more productive lives. An alt. to cash would be household gifts or gifts cards (not redeemable for cash because of SSI.) A Supplemental "Special Needs" Trust: is where a choose family member is said trustee. helps them manage gifts and assets so that their eligibility will not be at risk. If both of the are disabled, then, it goes to one until the death of partner, The remaining funds can go to the living spouse for the rest of his/her life. The trust should be drafted efore invites go out by a special needs Lawyer. Comment Ceremony/Non legal: Can have "wedding features" a clergy that practices your religion can perform service. You can register/ donations to a a favorite charity of ours a "thank you." The effects on a family who collects SSDI: Disabled spouse-(still living) 50% of their primary insurance (of the working spouses's benefits.) However, the amount can reduced if their child/children are collecting benefits at the same time. Mothers and Fathers Benefit-(SDDI) caring for at least 1 child under 16 or disabled. If 22 or older, must be disabled before the age of 22. If parent is still caring for an ''adult child" requirements are:over 18, single, disability began before 22, one of your parents' get SSI/ or has died.) Explain to SSi that you have parental control/ and are responsible for child whether it be a metal or physical disability. the definition of an adult child-Collecting SSDI based on parent(s) SSI. In addition, if the said "adult child" gets married It will most likely not effect their benefits. Especially, if it's to another "adult child." If You collect: (As of 216 ) If you collect yourself, and care for a child. A certain amount of your earned income, reduces to 1$ for every 2$ over the limit. Children And Spouse Benefit If you marry, and it lasts a year. Divorced at least for 10 years. The ex spouse can get 150% of the benefit. It all depends on age, whether he/she is is taking care of their children. Amounts vary from 75%-100%. What happens if the spouse dies while still working If the working parent that is on SSDI dies, the surviving spouse gets death benefit. Which is several hundred dollars. (But only if they live in the same household.) (For further information please visit: www.disabilitysecrets.com) If you have a dependent child they could qualify for The Auxillary Benefit. Qualifications are as follows: Related to whoever receives SSDI: Biological child, adopted child, step-child, grandchild no living parent or step-grandchild no surviving parent in this case as well. both children born during a marriage. (if out of wedlock must prove paternity. And the child must be independent when it comes to their own earnings. They can receive benefits un till 18. (Or if they are full-time secondary student, then the age limit is 19.) Also of the child marries before 18, the benefits stop. The Survivor's Benefit A minor who is dependent can receive based on the record of the disabled parent. And if the parent earned enough SSI credits that made them eligible for retirement before their death. My Final Thoughts: While doing the research on this "law" I came to the conclusion that this "law" doesn't really benefit anyone unless the person(s) is on SSDI, or he/she had a part in making and passing this "law" without a second thought. as to how it will effect the disabled community. If you could walk a mile in the shoes of a disabled person. Especially, one where this "law" effects them, (like myself.) I am fairly certain you'd ask the very question I did when looking into this "law" more. "How can anyone ask me to choose between love and my lively hood"? Their "reason" being that the said couple can live/survive better than a single disabled person can on their own. Well, I have news for whoever had that "genus" thought. Not only is that completely false, but it's insane! In case you have yet to notice the economy is still in the tank, Taxes for pretty much everything are on the raise every single day. I know that many people marry for many reasons, and despite what pop culture shows us for most of us, and especially, in the disabled community marriage is a symbolic message of love, unity, and being looked upon as part of society. Having someone choose between living a full and productive life and joining in a marriage with someone you love is not a choice. I believe this "law" is just another way for the government to line their own pockets. They have no clue what a person with any disability has to do to "prove" that they too, are members of society, and should be treated as such. We want the same things as any able-bodied person does. And that is:To live a happy, productive, and full life. WE SHOULD NOT BE PUNISHED FOR FALLING IN LOVE, AND WANTING TO MAKE IT LEGAL AND OFFICIAL JUST LIKE EVERYONE ELSE IN THE UNITED STATES OF AMERICA DOES. And yes, I am aware that some people may be driven to get married for other reasons. I can assure you that I, and many people like myself will, and still want to be legally recognized for ONE PURPOSE ONLY: LOVE. To have the government say, it's okay if you commit to one another,but it's not okay to legalize that commitment IS ABSOLUTELY ABSURD!!!! I guess, all those songs about how love doesn't cost a thing, only applies to state representatives,congressmen and women, and the overall government..I have never felt so disappointed, disheartened, and singled out in my entire out. And I will NEVER understand how anyone can find this "law" acceptable, and not for what it truly is: A blatant form of discrimination that targets those in the disabled community that need the support of SSI to maintain their lively hoods, and NOT a lifestyle. Before doing the research on this, I just thought some sort of extra fee would be attached to the wedding license. Never did I imagine someone in a position of power and authority would ask me to make such an unbelievable, life-altering choice. It's a choice that if the tables were turned, they themselves would refuse to make. isn't it hard enough for us as is with the subpar, and barely minimal, and adequate resources, and just "up to code" policies, and budget cuts? What I really like to know is, what is the purse; what is the purpose for this law ? Because, I always thought laws were intended to protect the general pubic from harm. How is this law not harmful to those that it effects? How is; is law beneficial to anyone? Lastly, How can anyone simply "punish" someone who just wants to marry for love, and nothing more? Please Note: That every state is different so this law may not apply in every case. If you have questions, or concerns about the nature of this law, I highly recommend you contact your state's Social Security Administrative Office, and talk to your appointed case worker. The Sources Used For This Blog Post Is As Follows: : Disability.com : The Social Security Administration : The Special Needs Alliance : The Disability Benefits Center : The Unmarried Impact Newsletter (Under their FAQ section.) : NOLO, www.nolo.com (legal information.)