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Thread: Questions on getting married

  1. #31

    I live in CA and married

    laws in CA have changed. I have a no share of cost Medi-Cal and my wife is my provider I.H.S.S. NO Probs in CA.
    Quote Originally Posted by johnnie2130
    I'm a 36 year old C5-6 from Louisiana. I've never been married before, but have the opportunity to with a wonderful woman. It seems like the government can take away my SSI & Medicaid if we do though. I know there are SCI's who are married. How do you do this & still get government assistance, or can you? It doesn't seem right for the system to take away what I have simply because I'd be married. I live with my parents now & they make much more & have more assets than I would if I were married, including my spouse-to-be's income & assets. Any help will be greatly appreciated. I'm in over my head on these government subjects. Thanks!
    Lynarrd Skynyrd Lives

  2. #32
    Senior Member Broknwing's Avatar
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    Quote Originally Posted by hoff_10
    Doesn't any of your states have common-law marriage laws?
    Common Law is 7yrs here in FL...however how it's portrayed/enforced/etc is questionable....
    'Chelle
    L-1 inc 11/24/03

    "My Give-a-Damn's Busted"......

  3. #33

    can they take away ssdi?

    if you get married, will you still receive ssdi?

  4. #34
    Senior Member Foolish Old's Avatar
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    Quote Originally Posted by Broknwing
    Common Law is 7yrs here in FL...however how it's portrayed/enforced/etc is questionable....
    Shelly, do you have a source for Florida CLM law? I was lead to believe that FL stopped CLM in 1968, and that they only recognize pre-1968 FL CLMs & those entered into in other states where CLM is legal.
    Foolish

    "We have met the enemy and he is us."-POGO.

    "I have great faith in fools; self-confidence my friends call it."~Edgar Allan Poe

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  5. #35
    I would also like to ask the same question above....

  6. #36
    Razz, SSDI is disability insurance. It is based on your work history (not income), and inability to work now. If you get married, you don't risk loosing it unless you return to work. SSI is based on disability AND income. If you get married, and your partner has other income, you can risk loosing it.

    If you are on Medicaid due to being eligible for SSI or other low income criteria, then you can also risk loosing your Medicaid benefits if you marry and your spouse has income or assets over those allowed for a family of 2. Medicare is NOT based on income, but on disability (for at least 24 months) and SSDI and so is not at risk unless you go back to work.

    (KLD)

  7. #37
    Freebird,
    Can you tell me more about your situation with medi-cal and being married. I am actually waiting for a medi-cal representitive to call me back as I am weighing the cost/benefits of getting married.

    I have not decided what I am going to do yet, but I have been meeting with people from ssi, ssdi, ihss, medical, etc.

    What is the difference between medi-caid, medi-care, medi-cal?

  8. #38
    Medicare is a federally funded insurance. Eligiblility is based on either age (65 or other) or disability (eligibility for SSDI for at least 24 months). Income and marital status does not impact eligiblity. You take your Medicare eligiblity with you if you move from one state to the next, and don't have to reapply.

    Medicaid = Medi-Cal in the state of California.

    Medicaid is a state run program (with partial funding from the federal government). It is needs based (ie, based on assets and income) as well as somewhat based on medical conditions. For example, in CA, you must still meet the income requirements, but if you get a new SCI (or cancer or HIV) your application can be expedited for quicker approval. Each state makes its own rules about eligiblity and what is covered, but has to follow some federal guidelines to get the federal funding. If you (or your spouse) earns too much money, or has more than the allowed assets ($2,000 in assets such as cash, bank accounts, savings, stocks, etc., one home, and one vehicle) then you either loose your eligiblity all together, or you may have a share-of-cost where you have to spend so much a month before they start to pick up payment. In addition, you have to have a lot of care, meds, supplies, and equipment pre-authorized, and they generally don't reimburse you for what you spend on your own. Medicaid also usually will not pay for care out of state, and in some cases, will not cover care outside of your home county. When you move to a new state, you must re-establish your Medicaid eligiblity all over again in that state, generally with a minimum waiting period to establish residency (in CA it is 30 days).

    If you are eligible for both Medicaid and Medicare, in most states Medicaid will also pay your monthly Medicare subscription fees.

    IHSS (In Home Supportive Services) is the California attendant care program. Every state has a different program, with different eligiblity, who you can hire, how much they pay, and how many hours they will cover. In CA it is administered by the county, so what you can get in San Diego and what your PCA makes may be very different from what they would get if you lived in San Francisco. In some counties the PCAs are unionized. It is also based on need (essentially if you are eligible for Medi-Caid you are probably also eligible for IHSS). Again, if your income goes up due to marriage or working, or inheritance, etc. you risk loosing your IHSS, or you may have a share-of-cost.

    In CA you can hire whomever you want to be your PCA...friend, family member, stranger off the street. No training is required; you are expected to train them yourself. The PCA is paid by the county (monthly). You must sign their time sheet to verify that they provided the actual hours. If you falsify this, or supplement their pay, or break any of a whole bunch of other rules, you risk loosing your IHSS services or even being fined or imprisoned. A social worker determines how many hours per month you get based on some very strange formulas that they have. Family that lives with you is usually expected to provide at least 8 hours of care (unpaid) daily, although this varies.

    (KLD)

  9. #39
    thanks sci nurse! one thing, i supplement my pca's income and it is not illegal in LA county (or at least my ihss rep fully knows and doesnt care).

  10. #40
    Quote Originally Posted by SCI-Nurse
    Razz, SSDI is disability insurance. It is based on your work history (not income), and inability to work now. If you get married, you don't risk loosing it unless you return to work. SSI is based on disability AND income. If you get married, and your partner has other income, you can risk loosing it.

    If you are on Medicaid due to being eligible for SSI or other low income criteria, then you can also risk loosing your Medicaid benefits if you marry and your spouse has income or assets over those allowed for a family of 2. Medicare is NOT based on income, but on disability (for at least 24 months) and SSDI and so is not at risk unless you go back to work.

    (KLD)
    True but if you do get SSDI and have a spend down for Medicaid (which is income based) and you get married and the spouse has income, her/his income will count towards your being eligible for Medicaid. Medicare won't bpay for personal assistants if you need them, unless you are homebound I believe. Neither will any private insurer. That is why Medicaid is a must have for so many. Unless of course you have enough income to pay for those services out of pocket.

    Some states have a Medicaid Buy-in option though too so that is something to check into to see what the states allows through that program. Each state with one is different and some states like Montana don't have this option. yet...I'm workin on it.
    Last edited by hoff_10; 02-09-2007 at 09:31 PM.

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