Disabled woman fights marriage laws

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From today's (19.09.2006) Albuquerque Journal (frontpage and page 2):

The Laws Between Them

A disabled woman campaigns against the regulations
that keep her from marrying the man she loves

By Leann Holt
Journal Staff Writer

In many ways, Marilyn Martinet is living the American dream.
She owns her own home, has a weekly television show and is finishing her autobiography. Martinez is also in a long-term, loving relationship.
But Martinez life is bound by constraints most people will never experience.

She can't have more than $2,000 in the bank. Chances are, she will never be able to marry the man in her life, Monty Fife. He will probably never ever get to share Martinez's house with her.

Martinez and Fife are subjects to a different set of rules than most people because they are developmentally disabled. If they marry or save more than $2,000, they will lose all or part of the approximately $640 monthly Social Security disability income each of them receives. Living together isn't ab option, either, because the rules for the low-income housing where they both live would make it prohibitively expensive.

"This is a big issue for people with disabilities," Martinez said. "The government wants us to be independent, but, on the other hand, they want you to be dependent on them. It feels like they want us to be poor and don't want us to be as as successful as other people."

Pat Putnam, executive director of New Mexico's Development Disability Council Planning Council agreed the system makes it almost impossible for people with disabilities to be married or get ahead financially.
"They have the same emotions and dreams and desires as the rest of us, and often have better decision-making abilities than 'normal' people," he said. "They have someone to care about and want to spend their life with, and there's a barrier to it.
"It's hard to understand because research shows marriage makes people healthier (and) better adjusted socially, and they contribute more to the community."
Putman said the federal government has been reluctant to change laws that penalize independence because doing so would require more money, he said.
"For some reason, the government fells that two people can live cheaper than one." Putman said.

(continued)

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(continued)

A home of her own

Marilyn Martinz is a force to be reckoned with. Born with unspecific brain damage, the 49-year-old is described by friends as energetic and vicarious.
About ten years ago, she told her parents she wanted to try living on her own - something, she said they were worried about.
"We just want a chance to show, we can do things," she said. "That's the saddest part."

Almost two years ago, Martinez purchased a home through a low-income program that doesn't require a down payment. She was one of the first developmentally disabled persons in New Mexico to become a homeowner.
The small condo is full of her pictures, books and her beloved computer. Piles of papers and newspaper articles testify her fight to end what she calls discrimination against people with disabilities.

The main focus of her activism is the so-called marriage penalty - the partial loss of Social Security Disability Income when recipients marry. Not only would she or Fife would loose half or more of one of their incomes if they married, Putman said, low-income housing rules prevent them from living together as well.

According to Richard Chavez of the Bernalillo County Housing Department, people who are purchasing low-income homes are subject to the same rules as those in rental assistance program because federal dollars pay part of the home.
The income of anyone who lives in a low-income hoem is taken into account when determing the rent or mortgage payment. In Martinez and Fife's case case, their combined income could substantially raise her mer mortgage payment.

The report then goes on telling about their fight for normal lives
Summarised:
Martinez has collected more than 1,500 signatures, has handcarried petitions to New Mexico members of Comgress in Washingto, DC, given speches around her state, interviewed Rep. Heahter Wilson about that topic on her own cable-tv show etc etc. So far, nothing has happened.

"They are not asking for anything special or extra Assaad [coordinator at Albuquerque's Center for Self-Advocacy] said. "If you spend a little bit of time and energy, you would find out how capable they are. They constantly amaze and inspire me."

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In Michigan, it's even worse. Disabled become criminals when they would marry:

Section 750.520b of the Michigan Penal Code:

Quote:

750.520b Criminal sexual conduct in the first degree; felony; consecutive terms.
Sec. 520b.

[...]
(h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, ...
[...]

Source: State Law Library

A report (2001) from the Michigan Bar Journal (pdf-file):Marriage Laws Discrimate Against the Disabled

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Yep. I'm very familiar with this -- nearly all (I think ALL) of my students in California were on SSI.

They were able to get ahead by getting training and jobs, but it was not easy, at all. Not sure if work is an option for the people described here.

Note, the story is a bit hyperbolic in that they CAN marry or have more than $2,000 in the bank, it's just that they'll then lose SSI. Gradually, not all at once. There are transitional payments available, a complicated equation I used to know by heart -- a certain percent of your monthly income is deducted from the monthly SSI payment, etc. For a while, when they started working, they would bring in a lot more than they would on SSI alone. The tough part is the post-transition phase.

But they can go back on SSI if they lose their jobs... the cut-off is not permanent.

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It is quite similar here as well - and I'm familiar with that since nearly 30 years privately (by the fate of sister-in-law) and professionally.

However, the reduction of money isn't such immense, disabled get per se more than in the USA .... and marriage really is seen as an advantage (and not a crime).

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I agree that they shouldnt lose their extra money if they get married etc but if she has her own TV show and is writing her biography, surely she is getting good money coming in.

I take it the reduction in benefits and the remaining income wont be enough to live on?

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material girl wrote:

I agree that they shouldnt lose their extra money if they get married etc but if she has her own TV show and is writing her biography, surely she is getting good money coming in.

What do you mean by that? That it's good enough for a disabled to have a tv and he/she can write a biography?

Officially, you can't have more than $2,000 (more than trebel in Germany for singles, for married/living together reduced to ... about 2/3 of the combined total, if I remember correctly).
So any money a disabled person gets/earns is counted ...

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Disabled woman fights marriage laws

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