WASHINGTON – Today, Congressman David Valadao (CA-22) joined Rep. Susie Lee (NV-03) to reintroduce the Eliminating the Marriage Penalty in SSI Act (EMPSA). This bipartisan bill, which removes the marriage penalty for Supplemental Security Income (SSI) for individuals with intellectual and developmental disabilities, ensures that married adults are not penalized by the federal government. 

“No one should have to choose between love and financial security, yet outdated SSI rules unfairly penalize married individuals with disabilities,” said Congressman Valadao. “This bill is a common sense solution that ensures those with intellectual or developmental disabilities can receive the benefits they need while protecting their right to marry.”

“No one should be penalized for getting married, especially when it comes to accessing the critical benefits that so many people in our community rely on,” said Congresswoman Susie Lee. “The Eliminating the Marriage Penalty in SSI Act is a much-needed step toward ensuring married adults with diagnosed intellectual and developmental disabilities get every dollar of the Supplemental Security Income they deserve.”

“We applaud Congressman Valadao and Congresswoman Susie Lee for the reintroduction of the Eliminating the Marriage Penalty in SSI Act (EMPSA) Act,” said National Down Syndrome Society President and CEO, Kandi Pickard. “Marriage should never have to be a distant dream. No one should have to choose between marrying the person they love and securing the vital benefits they need to live and thrive in their communities.”

“This bill would remove the marriage penalty in Supplemental Security Income (SSI) for people with Down syndrome and other intellectual/developmental disabilities so that they will be able to get married without significantly reducing or even losing their SSI benefits,” said National Down Syndrome Congress Executive Director, Jim Hudson. “We are grateful to Rep. Valadao and Rep. Lee for their leadership on this important piece of legislation.”

“No one should have to choose between love, family, and financial stability. Yet, for married couples with disabilities, including autism, the current SSI rules create unnecessary hardships, forcing them to risk losing essential benefits just to be together,” said Keith Wargo, President & CEO of Autism Speaks. "We are grateful to Representatives David Valadao and Susie Lee for taking action to address these outdated policies. Their bipartisan bill will help protect the financial independence of people with disabilities and ensure they aren’t penalized for building a life with the person they love.”

“Eliminating the marriage penalty for people with disabilities on social security insurance makes sense for a population that overwhelmingly earns less than the average American because of their disability,” said Hampus Hillerstrom, President & CEO of LuMind IDSC Foundation. “I see this progress as removing a discriminatory regulation and supportive of their human rights.” 

"The Autism Society strongly supports efforts to eliminate the marriage penalty in Social Security benefits," said Christopher Banks, President & CEO of the Autism Society of America. "For individuals with autism and other disabilities, these policies create unnecessary financial barriers that undermine the ability to form supportive, stable relationships. By removing this penalty, we ensure that individuals and families can pursue meaningful connections without fear of losing crucial benefits."

Supporting organizations include: National Down Syndrome Society, National Down Syndrome Congress, Autism Speaks, LuMind IDSC Foundation, and Autism Society of America.

Background: 

• Supplemental Security Income (SSI) is a federal income supplement program designed to help aged, blind, and disabled individuals with limited income and resources meet basic needs. 
• Currently, benefits for a married couple, both of whom receive SSI and have no other income, amount to 25 percent less than the total they would receive if they were living together, but not as husband and wife. 
• For example, if each person receives $841 per month, they will receive $1,261 together after marriage.

Summary: 

The EMSPA Act excludes a spouse's income and resources when determining eligibility for Supplemental Security Income (SSI), and disregards marital status when calculating the SSI benefit amount, for an adult who has a diagnosed intellectual or developmental disability.

Read the full bill here.

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