PolicyBrief
S. 73
119th CongressJan 13th 2025
Eliminating the Marriage Penalty in SSI Act
IN COMMITTEE

The Eliminating the Marriage Penalty in SSI Act ensures that adults with intellectual or developmental disabilities receive full SSI benefits based solely on their own income and resources, regardless of their marital status.

Jerry Moran
R

Jerry Moran

Senator

KS

LEGISLATION

New SSI Bill Ends 'Marriage Penalty' for Adults with Developmental Disabilities: Full Benefits to Start 180 Days After Enactment

The Eliminating the Marriage Penalty in SSI Act (EMPSA) fundamentally changes how the Social Security Administration calculates benefits for adults with intellectual or developmental disabilities. Currently, if a person on Supplemental Security Income (SSI) gets married, the government 'deems' their spouse’s income and assets as belonging to them, which often slashes their monthly check or disqualifies them entirely. This bill creates a specific new eligibility category for adults aged 18 and older with these diagnoses, ensuring their financial help depends strictly on their own bank account, not their partner’s.

Love Without the Pay Cut

Under Section 2 of the bill, the standard 'deeming' rules are tossed out for this new group. For example, if a woman with a developmental disability who works part-time marries someone with a steady office job, her spouse’s salary and savings (which currently can’t exceed $3,000 for a couple) will no longer count against her. Her eligibility will be based solely on her own countable resources—capped at the individual limit of $2,000—and her own income. This means she could receive the full individual SSI benefit rate minus only her own earnings, allowing her to maintain financial independence regardless of her marital status.

Simple Math, Significant Impact

The bill simplifies the benefit calculation by treating these married individuals as single filers for payment purposes. Instead of the reduced 'couple rate' that usually applies when two SSI recipients marry, the eligible individual receives the full individual rate. This is a massive shift for a household budget; it prevents the 'penalty' where two people living together receive less than they did when they were single. By explicitly stating that a spouse's income and resources are 'completely excluded from consideration,' the bill removes the bureaucratic headache of reporting a spouse’s every paycheck to keep one's own basic disability support.

The Six-Month Countdown

Once this bill clears the final hurdles, the changes won't happen overnight. Section 2 specifies that the new rules kick in for benefits payable for months starting more than 180 days after enactment. This roughly six-month window gives the Social Security Administration time to update their software and training manuals. For a young couple planning a wedding or a family looking at long-term stability for an adult child with a disability, this provides a clear timeline for when they can expect their household income to stabilize without the fear of a sudden benefit cutoff.