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Rep. Panetta Introduces the Marriage Equality for Disabled Adults Act

January 13, 2022

SALINAS, CA – Today, Congressman Panetta (D-Carmel Valley) introduced the Marriage Equality for Disabled Adults Act to eliminate requirements that disabled adult children (DAC) should remain unmarried in order to receive lifetime benefits and health care through Social Security. Under current law, DACs lose federal benefits if they marry a non-disabled person. After working closely with Lori Long, one of his constituents on the central coast of California who is impacted by this outdated legal standard, Rep. Panetta wrote this bill to eliminate the rule that removes DAC benefits should a beneficiary marry. The Marriage Equality for Disabled Adults Act will benefit hundreds of DACs who have had their marriages terminated and countless DACs who have avoided getting married in order to prevent the loss of benefits.

"By taking away the medical benefits from those Disabled Adult Children who get married, the current law can put people in a position where they are forced to choose between their health care or their happiness," said Rep. Panetta. "That type of marriage penalty is antiquated, and I hope to change it through my legislation so that those with lifelong disabilities, like Lori, can be married and continue to receive their needed lifetime health care."

"I was overjoyed when my fiancé Mark proposed to me back in 2016. We were both devastated when we learned I'd lose disability benefits, Medicare, and Medicaid if we got married," said Lori Long. "Everyone deserves the freedom to marry the person they choose without jeopardizing the supports, services and safeguards disabled people need to live full lives within their communities. Mark and I are grateful to Congressman Panetta and his staff, DREDF, and the many supporters working to correct this injustice. The bill, when it becomes law, will help disabled people across the nation finally attain marriage equality."

"Anyone can fall in love. Unfortunately, if you're disabled (or fall in love with someone who is) odds are you'll be unfairly penalized rather than celebrated for daring to attempt something many non-disabled people take for granted," said Elaine Lewis, Staff Attorney at the Disability Rights Education & Defense Fund. "Currently, many disabled adults risk losing Social Security stipends and healthcare if they get married. That needs to change. Congressman Panetta's bill is a necessary step towards correcting that disparity. DREDF supports the Marriage Equality for Disabled Adults Act and we applaud Congressman Panetta and his team for their leadership."

"Across the country, many people with disabilities are unable to marry because of outdated rules," said Bethany Lilly, Senior Director of Income Policy at Arc. "The Marriage Equality for Disabled Adults Act is an important step towards marriage equality for people with disabilities and we strongly support this bill."

The Marriage Equality for Disabled Adults Act introduced today includes the following four provisions to ensure that DACs who would like to marry don't need to sacrifice their much-needed health care and benefits from Social Security:

  • The act eliminates the requirement that a DAC beneficiary be unmarried.
  • The act eliminates rule that removes DAC benefits should a beneficiary marry.
  • The act changes Social Security's rules about common law marriages.
  • The act ensures that, in a marriage between a DAC beneficiary and any other person, both spouses may continue to receive SSI and Medicaid as if they were unmarried.

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