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Abstract

For almost forty years, Congress and the SSA have failed to update the asset limit for SSI eligibility despite the punitive nature of it toward individuals with disabilities who wish to attain financial security. This Note argues that this failure forces individuals with disabilities to choose between financial stability and the Medicaid coverage that they need, contributing to a vicious cycle of poverty. By exploring current eligibility requirements, legislative gaps, and inadequacies of current savings options for individuals with disabilities, this Note makes the case for updating the current requirements and increasing access and accountability of ABLE accounts. These changes would promote the welfare of individuals with disabilities and help alleviate poverty.

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