incapacity benifits and spousal visa

I saw another post similar to this but it is not the exact situation and so I was curious.  My fiance is here in the US on a travel waiver visa visiting until May and is a UK citizen.  I am a US citizen.  We were wanting to marry and have found that it will be easier to marry while he is here then apply for a spousal visa in the UK for me to return with him in May.  The only kicker is that he is on incapacity benifits due to a medical condition.  This is a form of support, I know that.  I would be able to find work easily and he has a good amount of savings.  He also lives in a house owened by his family and pays all the bills to keep it up, but it is still in his mothers name.  This is rent free and available for us to live in with no mortgage.  Are we silly to think that we will be able to get a visa or is it worth a try.  I just hate to spend the $500 or so on the application to be denied.  Any advice on the proper route to take would be appreciated.

Thanks

No you aren't silly at all!  He's perfectly entitled to his benefits, and it sounds like to me that you wouldn't have any problem at all getting a spousal visa.  As long as you aren't claiming benefits for yourself, you'll be fine!  Just include in your appliaction that you plan to seek employment as soon as possible and you might want to include a copy of your CV just for added assurances. 

Personally I think you'll be fine!