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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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If we get married, will my spouse lose her SSI benefits and

Customer Question

If we get married, will my spouse lose her SSI benefits and Medicaid? She has juvenile diabetes and Addison's disease and has had it her entire life. She is 26. I am mostly concerned about her medical coverage as she takes many prescribed medications and her diabetic supplies are numerous. She gets a package of medical supplies seemingly every week. We are getting married in two months. Everytime I try and discuss this with her she gets upset at me. She works part time. She doesn't seem to understand that just because I have a decent job with health insurance that there will still be costs associated with her care. Medicaid covers her stuff - she has an ACCESS card so she doesn't seem to pay a dime. I am 38 and also concerned about her welfare if something were to happen to me.
Submitted: 8 years ago.
Category: Family Law
Expert:  lwpat replied 8 years ago.
The larger problem is that you would be liable in the future for any uncovered medical costs. Under the doctrine of necessities a spouse is liable for any medical bills. Here you are probably better off to just live together. As to what benefits she is likely to lose, you really would need to talk to her caseworker, each state has its own different levels and here is really depends on the specifics of her case.
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Customer: replied 8 years ago.

She went to her case worker with her dad and they say they are confused. She allegedly applied to change her status from living with her parents to our address. Living on your own would be more costly than living under the roof of your parents. They can't seem to answer my questions and think I have "cold feet" about the marriage. I don't think it is smart to change her status where she will lose her SSI income and her medical coverage. I will have to pay for some of the medical supplies that my insurance may not cover. Getting married will not change her medical conditions and one lengthy stay in the hospital could be VERY costly and from what you're saying - I would be responsible for those costs. We could handle the loss of her SSI income. My concern is increasing our monthly expenses by hundreds of dollars for these medications and diabetic supplies - gluconometers, testing strips, insulin,etc. She takes ten prescriptions plus a bunch of OTC vitamins.... Can you comment on the Medicaid?

Expert:  lwpat replied 8 years ago.
I suggest that you go to the caseworker with her and I would not recommend that you get married under these conditions.

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