Legally Remote PLLC - Elder Law & Estate Planning Gainesville, Florida

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How Marriage Can Effect Someone With Special Needs

If you are considering marriage and currently receive Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), Medicaid, or any other disability-related benefits, getting married could impact your benefits. Unfortunately, under current Social Security, Medicaid, and Medicare rules, getting married is not always financially or medically practical for their recipients.

Before you walk down the aisle, discuss these questions with Legally Remote, PLLC

1. Does it matter if the person I wish to marry is disabled or not disabled?

Yes. Because programs for persons with special needs are antiquated they are no longer compatible with today’s world. Most were created during a time when it was not believed a person with special needs would be able to marry or, if they did, the spouse should become responsible for this person’s needs. As such, many programs will disqualify a person with special needs for benefits if they marry a person who has no special needs.

The notion is that once you are married, your spouse’s income and assets become available to the person with special needs. 

2. Can my spouse’s income or assets affect my benefits?

Yes. You may no longer qualify if your spouse’s income or assets exceed these limits set by SSI.

3. Is there a way I can marry and still qualify for benefits?

Special Needs Planning planning measures can help answer that question. If you currently receive disability benefits and are considering getting married, speak with Legally Remote, PLLC to know exactly how this may impact you, and how you can minimize the impact.