PolicyBrief
H.R. 1757
119th CongressFeb 27th 2025
Eliminating the Marriage Penalty in SSI Act
IN COMMITTEE

This bill amends the Social Security Act to eliminate consideration of a spouse's income and resources when determining SSI eligibility and benefits for married individuals with intellectual or developmental disabilities.

David Valadao
R

David Valadao

Representative

CA-22

LEGISLATION

SSI Marriage Penalty Axed for People with Intellectual and Developmental Disabilities: New Bill Changes the Game

The "Eliminating the Marriage Penalty in SSI Act," or EMPSA Act for short, is pretty straightforward: it changes the rules for Supplemental Security Income (SSI) when it comes to married folks with intellectual or developmental disabilities. Right now, if you're on SSI and you get married, your spouse's income and assets can count against you, potentially reducing or even eliminating your benefits. This bill says "nope" to that – specifically for people with intellectual or developmental disabilities.

SSI and Marriage: Leveling the Field

This bill tackles a big issue: the so-called "marriage penalty" in SSI. Currently, when someone on SSI gets married, the Social Security Administration (SSA) looks at the combined income and resources of the couple. This often leads to a reduction or loss of benefits, effectively penalizing people for getting married. EMPSA changes that for individuals with intellectual or developmental disabilities. Under this bill, if you have an intellectual or developmental disability and you're 18 or older, you're eligible for SSI as long as your income and resources are within the limits (SEC. 2). Your spouse's finances? Not part of the equation.

Real-World Impact: Independence and Choice

Imagine a couple, Sarah and Alex. Sarah has an intellectual disability and relies on SSI. Before this bill, if she and Alex got married, his income as a retail manager could make her ineligible for her SSI benefits. This puts them in a tough spot – choose between marriage and financial stability. EMPSA removes that barrier. Sarah's SSI benefit would be based solely on her income, which is likely to be the standard individual rate, minus any income that isn't excluded (SEC. 2). This isn't just about money; it's about independence and the right to make life choices without being penalized.

The Bottom Line

EMPSA aims to fix a specific, but significant, problem in the SSI system. It recognizes that individuals with intellectual or developmental disabilities shouldn't have to choose between marriage and financial security. The bill levels the playing field, ensuring that these individuals are treated fairly and have the same opportunities as everyone else. It's a targeted change, but one with a potentially big impact on the lives of those it affects. It is important to note that there is a risk that individuals may attempt to falsely claim intellectual or developmental disabilities in an effort to avoid income consideration in SSI eligibility. Overall, the bill promotes equality and lessens discrimination for those with disabilities who are on social security.