Supplemental Security Income (SSI) and the 25 Percent Marriage Penalties

Posted: August 22, 2022
Updated: February 14, 2024

What is SSI?

Supplemental Security Income (SSI) is a federal program administered by the Social Security Administration (SSA) for disabled people, blind people, and older adults who have little to no income and assets. Recipients younger than 65 must have a qualifying disability. SSI provides a modest monthly stipend, also known as cash benefits, and in most states SSI recipients receive Medicaid. As of December 2023, there are approximately 7.4 million SSI recipients, most of whom have a qualifying disability.

Whether an individual is eligible for SSI and the amount of their monthly stipend depend on their income and assets. People with more income receive less in cash benefits, and having a certain amount in income or assets makes you completely ineligible for SSI. In 2024 the federal maximum monthly stipend for SSI is $943 for an individual and $1,415 for a married couple. Therefore, to be eligible for SSI, an individual’s countable monthly income cannot exceed $943 and a married couple’s combined countable monthly income cannot exceed $1,415. An individual also cannot have over $2,000 in assets and a married couple cannot have over $3,000 in assets. These asset limits have not been changed in 35 years.

In most states, SSI recipients are also eligible for Medicaid, which covers vital services such as Personal Care Attendants (PCAs), Direct Support Professionals (DSPs), certain durable medical equipment (DME), extended hospital stays, and more. Many people with significant disabilities rely on Medicaid to live in the community with services and supports instead of in institutional settings.

What happens when two SSI recipients marry?

When two SSI recipients marry

  1. Total monthly stipend
  2. Maximum countable income
  3. Maximum countable assets

Are 25% less than what the total amounts would be for two unmarried individuals. This is known as the 25% SSI Marriage Penalty.

When an SSI recipient marries someone who does not receive SSI, the couple  also faces a 25% asset limit reduction, compared to two unmarried SSI recipients.

The maximum monthly federal cash benefit for individuals is $943, yet the maximum monthly federal cash benefit for married couples when both spouses receive SSI is $1,415, which means that married couples – when both spouses receive SSI – receive 25% less than the amount that they could have received separately ($943 x 2 = $1,886).

The 25% cut also lowers the amount of gross monthly income the couple can earn and still qualify for SSI. In 2024, an individual whose income came only from wages could still qualify for SSI if they earn a gross income less than $1,971, but for a couple the corresponding number would be only $2,915. Without the 25 percent cut, the couple could still qualify for SSI if they earned a gross income less than $3,857.

Finally, the asset limit for individuals is $2,000, yet the asset limit for married couples – even if only one spouse receives SSI – is $3,000, which means that married couples must own 25% less in assets than the amount that they could have owned separately ($2,000 x 2 = $4,000).

This combined reduction in cash benefit amount, income limit, and asset limit would be devastating for many people with disabilities. As a result, they are unable to marry the person they choose.

Why is the 25% penalty for SSI recipients unfair?

The 25% penalty that affects spouses who are both SSI recipients is particularly unfair because:

  • People with disabilities who receive SSI are often unable to work at the level that they would need to in order to earn back the benefits that they would lose if they marry. When both spouses are on SSI, this becomes especially concerning, as neither spouse would be able to earn enough income to fully support the other.
  • People receiving SSI are required to have little to no income and over 40% live below the federal poverty line. Additionally, SSI beneficiaries are required to have very little assets available to fall back on. Therefore, the partial loss of benefits – although seemingly low – could have dire consequences on them and their quality of life.
  • SSI asset limits have not changed for 35 years, but the cost of living has continued to increase, making these limits harsher and harsher over time.
  • People with disabilities often have significant disability-related expenses that can make their cost of living higher than that of their non-disabled peers.
  • People with disabilities have significantly lower marriage rates and higher divorce rates than people without disabilities. The overall first-marriage rate for people ages 18 to 49 in the United States is 24.4 per 1,000 for people with disabilities and 48.9 for people without disabilities. Additionally, between 2009 and 2018, nearly 1.1 million Americans with disabilities got divorced, while only 593,000 got married. In the same period, 1.5 million Americans without disabilities got divorced, while 5.2 million got married. The 25% penalty no doubt contributes to this disparity, as those with disabilities are not incentivized to marry when it would result in significant losses.

Is there any way to change the law to end the 25% penalty?

Several bills have been introduced in Congress that would end the 25% marriage penalty for assets.

S.2767 & H.R.5408 – SSI Savings Penalty Elimination Act of 2023 would eliminate the 25% asset penalty for married people when at least one spouse receives SSI. It would also increase SSI asset limits to $10,000 for unmarried couples and $20,000 for married couples.

H.R.7138- Supplemental Security Income Restoration Act of 2024 would eliminate the 25% asset penalty for married people when at least one spouse receives SSI. It would also increase SSI asset limits to $10,000 for unmarried couples and $20,000 for married couples. This bill would also end the “holding out rule,” allow people receiving SSI to earn more money, reduce spousal deeming of income, and eliminate consideration of in-kind support and maintenance.

H.R.6640 – Marriage Equality for Disabled Adults Act would eliminate the SSI “holding out rule,” so that the 25% marriage penalties would no longer apply to unmarried “holding out” couples. The bill would also eliminate the 25% asset penalty for people receiving SSI who marry a person receiving DAC.

Sources

42 U.S. Code § 1382(b)(1), (2)

42 U.S. Code § 1382(a)(1)(B), (a)(3)(B)

42 U.S. Code § 1382(a)(2)(B), (a)(3)(A)

42 USC § 1382a(b)(2),(4)

Social Security Administration, Income Exclusions for SSI Program, available at https://www.ssa.gov/oact/cola/incomexcluded.html.

Social Security Administration, Monthly Statistical Snapshot, December 2023, available at https://www.ssa.gov/policy/docs/quickfacts/stat_snapshot/2023-12.html.

ORDP & OISP, “Supplemental Security Income (SSI) Overview,” The United States Social Security Administration (2023), available at  https://www.ssa.gov/ssi/text-over-ussi.htm.

ORDP & OISP, “Supplemental Security Income (SSI) Benefits,” The United States Social Security Administration (2023), available at https://www.ssa.gov/ssi/text-benefits-ussi.htm.

ORDP & OISP, “Supplemental Security Income (SSI) Resources,” The United States Social Security Administration (2023), available at https://www.ssa.gov/ssi/text-resources-ussi.htm.

Social Security Administration,  SSI Federal Payment Amounts For 2024, available at https://www.ssa.gov/oact/cola/SSI.html.

Michelle Stegman Bailey & Jeffrey Hemmeter, “Characteristics of Noninstitutionalized DI and SSI Program Participants, 2013 Update,” The United States Social Security Administration (2015), available at https://www.ssa.gov/policy/docs/rsnotes/rsn2015-02.html.

Wendy Lu, “Dating With a Disability,” The New York Times (Dec. 6, 2016), available at https://www.nytimes.com/2016/12/08/well/family/dating-with-a-disability.html.

Carly Stern, “Forced to Divorce: Americans With Disabilities Must Pick Marriage or Health Care,” OZY (Apr. 25, 2019), available at http://www.ozy.com/the-new-and-the-next/forced-to-divorce-americans-with-disabilities-must-pick-marriage-or-health-care/92284.

15 thoughts on “Supplemental Security Income (SSI) and the 25 Percent Marriage Penalties

  1. Ami Zerangue

    My Husband and I married 11/05/2022. I can’t understand why there is a marriage penalty for individual’s wanting a respectable responsible relationship. Does that mean by law disabled individuals are ment to either not have sexual relationships or does it mean disabled individuals are so despised upon that we are expected to have random sexual relationships with random individuals for our entire existence. Are we ment to have illegitimate children and our children’s future’s be impacted by a penalty of law stating single individuals are valued more highly so therefore are untitled to more income. Can someone make it make sense. Please end the marriage penalty that is contributing to our nation having more and more individuals believing living separate lives and have illegitimate children is valued and respect above Married couples trying to raise our children together as a family.

    Reply
  2. Desire corney Nichols

    I have been with my husband for about 14 years now and married to him for almost 6 years and the social security marriage penelty takes away about 5 hundred and something from each of us because we are married. That is over a thousand dollars between the 2 of us and that is not fair. We have rent and bills to pay for as well as food and other necessities and because of this penelty law we are barely able to afford to survive in this world. Because of the penelty law we have to go with out each month and we never are able to buy anything nice for ourselves or a present to each other when it is time for stuff like holidays or birthdays or even anniversaries and it socks. Why should we be punished for being in love and wanting to secure our future with marriage.? Why should we be forced to be not a part of societies people who are allowed to be married and have no penelty for their marriage!
    It’s just not right or fair to make an example out of the ssi, ssdi and retirement people who just want to fit in, find love and share their love with a partner and survive in this cruel and crazy world. This penelty law needs to be updated and lifted from us so that we can survive and be happy.

    Reply
    1. Dennis

      I fill that the social security marriage penalty should be abolished because I have been carrying for my fiancee for many years as a trained staff and have chosen to marry at and age where one choose to retire and find that my spouse who is disabled can loose her only income by getting married two another low income person, but her having her own income was a reason we choose that we could marry, cause there were two incomes coming in and that we were on the boarder already and neither one had a retirement package saved up for the fack of being low income during younger working years and due to inflation occuring in life / pandemic ect. Which is know fault of ours happening and possibly is a conspiracy to the public people anyway man made and sending our money to Ukraine for wars and , should treat people as persons whom should be individually treated as a person that still should be able to carry the disability money into a marriage and still have there own income.

      Reply
    2. Rev. Mike Kozak

      I agree my wife and I have been married for three years. My has always been on ssi, I had become disabled and recently started receiving ssd, and the immediately took my wife’s ssi and I receive considerable less now than when I was working, so what now if have to get divorced. How is this fair.

      Reply
  3. Janet

    Just because I married doesn’t mean I don’t need my SSI. If the government can support other countries, give themselves raises, and take in so many, they could find a way to allow disabled people to receive the total amount that everyone does, regardless of their marital status. I was told by an my caseworker it was unfair for me to receive any more because I did not earn it and I should count my blessings… Trust me, I would rather not be disabled but I had no say in the matter it happened at my birth.

    Reply
    1. Ami Zerangue

      What I don’t understand is that the government officials would rather a single woman on disability have x amount of illegitimate children with x amount of father’s instead of x amount of children with one father as husband and wife. In many situations disabled individuals are getting together having a child not married then separating because they are not married and have no legal responsibilities to one another other than the child then turning around trying to make it work with another individual feeling guilty for having a child for the previous individual so they have a child with the new individual and the process just keep continuing instead of letting them be married and living together as one family what is wrong with this nation

      Reply
  4. Cynthia & Jessie Cade, Jr

    $1,281.00 In TEXAS For BLACK DISABLED COUPLE, MARRIED 17 YRS. I’M SURE PRESIDENT & FIRST LADY EAT THAT IN 3 SMALL DINNERS FOR 2??? WE HAVE TO LIVE OFF $1,281.00 ONCE A MONTH TOGETHER IN 1 BEDROOM! WE SHARE THE ONE BEDROOM. PLEASE ASK MR. PRESIDENT HOW R THEY MARRIED HAPPILY & DISABLED COUPLES” MARRIED R PENALIZED & 1,281.00 ONCE A MONTH TOGETHER CAN LIVE? KATY,TX CADE’S

    Reply
  5. Felicia

    We,ve been together for 10 years. Still live separate and not getting married because of the disability laws and penalties. I don’t think it’s fair. You need to incomes atheist to survive in the world today. Even 2 disability checks don’t cut it. And ssi doesn’t give you both money anyway. Love must not be allowed for the disabled. Wedont count as people to them.

    Reply
  6. Connie Arnold

    Great DREDF summary of SSI marriage penalties and low asset qualifiers. I support the Congressional legislation to make critical changes to the SSI program.

    Reply
    1. Jose&Julia Garcia

      We are a Married Disabled Couple and both of Us receive SSI.Is our only form of Income.Surviving with $1,261 a Month for both,living in In Expensive NYC,was always a Struggle.But nowadays is impossible due to the Rise in Costs for everything:Electricity and Cooking Gas have doubled in Price and Food and Toiletries have SkyRocketed their Prices too.We need the Unfair SSI Marriage Penalty removed before We end Up Lighting our Apartment with Candles and Cooking in an Open Fire all the Pantry Food We may Gather.

      Reply

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