Marriage Equality for Disabled Adults: A Fight for Social Security Benefits and Medicaid
When Chelsea Smith first met Jason Martin, she knew he was the one. However, she made the difficult decision to not exchange phone numbers because getting married would jeopardize her Social Security benefits and Medicaid support. Having Ehlers-Danlos syndrome, a connective tissue disorder that causes chronic pain and susceptibility to injury and illness, Smith relies on these benefits to cover her medications and treatments. Currently, Smith qualifies for Social Security Disability Insurance and Disabled Adult Child (DAC) benefits due to becoming disabled before the age of 22. However, if she were to marry Martin, the Social Security Administration would expect her spouse to cover her care, which they cannot afford.
The Disability Rights Education and Defense Fund (DREDF) in Berkeley, Calif., is working on redrafting a national bill to end penalties for individuals like Smith who receive Social Security Disability Insurance. The bill, known as the Marriage Equality for Disabled Adults Act, was initially introduced by Congressman Jimmy Panetta in 2022 but did not progress. It was reintroduced in December 2023 and has slowly gained co-sponsors. The bill aims to eliminate the federal rule that ties a disabled person’s marriage status to their eligibility for Social Security benefits by removing the requirement for DAC beneficiaries to be unmarried.
Gaining support for the bill has been challenging, with only 18 co-sponsors in the House so far. The bill would need the backing of over 218 members before moving to the Senate. Despite its uphill battle, a similar bill successfully passed in Pennsylvania in July 2021, addressing the issue on a state level. Kaitlin Kerr, a disability rights activist, and her husband Jonathan Heidenreich were able to marry after the state changed income and asset limitations for Medicaid eligibility.
While the federal bill remains a long shot, the success in Pennsylvania gives hope to individuals like Smith and Martin. Kerr, now advocating on a national level, aims to extend these changes to benefit disabled individuals across the country. The fight for marriage equality for disabled adults continues, with hopes of securing essential benefits without the fear of losing vital support systems.
