Article: Disability Rights/Marriage Penalty
Source: Apostrophe Magazine

http://apostrophemagazine.com/self-advocates-take-on-the-marriage-penalty/

Self Advocates Take on the Marriage Penalty

In a continuing effort to support self advocacy in our state, Disability Rights Montana has teamed up with People First of Montana to help bring awareness to and eliminate the marriage penalty. This issue has been the basis of much concern for a large number of People First members.

A Marriage Penalty Task Force has been formed consisting of disability rights advocates and attorneys, People First presidents and members, Montana Advocacy Coalition, a member of the National Social Security Advisory Board and other interested individuals.

People First has gathered more than 2,600 signatures on a petition favoring the elimination of the penalty.

This petition is being presented to members of our congressional delegation, along with a videotape of personal accounts of couples affected by the penalty.

What is the marriage penalty?

Many people with disabilities qualify for and receive SSI benefits. The amount of benefits granted depends upon the marital status of individuals seeking assistance. Married couples, in which both individuals have a disability and are applying for benefits, receive a lower rate of benefits than unmarried individuals with a disability. This difference in benefit rates between married and unmarried people is termed the marriage penalty.

Congress based this rule on the reasoning that two people living together can live more economically than if they lived alone.

A further complication exists because the definition of “married” under the SSI program is broader than the general definition. In other words, the Social Security Administration (SSA) may find a couple to be “married” even though they do not meet the legal definition for marriage in the state which they live. Social Security policy states that a man and woman who live in the same household are married for SSI purposes if they hold themselves out as husband and wife to their community.

The expanded definition of marriage does not just apply to cases where both members of a couple are receiving SSI. Since it is a rule of the SSI program, this expanded definition of married applies whenever there is one member of a couple who is receiving SSI.

When applying for SSI, the general rule is that proof of marital statues is not necessary if a person does not live with an unrelated person of the opposite sex and claims not to be married. But, if a person lives with an unrelated person of the opposite sex, each must explain their relationship and answer certain questions.

Some of these questions include what names the two are known by, whether they introduce themselves as husband and wife, what names they use on their mail, who owns or rents their home, and if there are any bills, installments contracts, tax returns or other papers that show them as husband and wife. SSA considers these and other factors in determining whether two individuals have held themselves out to the community as “married”. In other words, the SSA, if it finds facts that warrant it, will consider a couple to be married even if the couple has never legally been married.

Unmarried couples who do not want their SSI to be reduced are forced to do everything they can to appear not married. This includes public declarations that they are not married. As is commonly said, the more a couple looks like the are “living in sin”, the better. Therefore, people with disabilities who rely on SSI must choose between the lesser of two evils to maintain vital benefits: live secretly with a partner – or divorce.

The Supreme Court found that SSA’s marriage penalty does not violate the Due Process Clause of the Fifth Amendment, which prevents the government from depriving citizens of property without due process.

The next step is to lobby Congress to change SSA regulations so that each beneficiary will be treated as an individual.

Until that happens, let your state and federal representatives know about the struggle of people with disabilities to become a couple in the eyes of friends, family and the state. Also, encourage local and national disability leaders to begin defending this most personal of rights.

Raylynn Lauderdale is the outreach coordinator for Disabiltiy Rights Montana and editor of DRM’s newsletter, The Bridge.