Some Social Security recipients to get higher benefits under new bill
Proposed legislation in the U.S. Senate aims to increase Social Security benefits for adults with intellectual or developmental disabilities by eliminating the “marriage penalty.”
The “Eliminating the Marriage Penalty in SSI Act,” (EMPSA), introduced by Senators Jerry Moran and Chris Van Hollen, seeks to ensure that recipients’ benefits are not reduced or eliminated due to marriage.
Newsweek reached out to Senator Jerry Moran’s office for comment via email on Thursday.
Why It Matters
Supplemental Security Income (SSI) benefits often decrease when recipients marry, as a spouse’s income and resources are factored into eligibility and payment calculations. This “marriage penalty” has long been criticized for discouraging marriage among people with disabilities who rely on SSI for financial stability.
The EMPSA proposes to change this by excluding a spouse’s income and assets from the determination of benefits for adults with intellectual or developmental disabilities.
“Our policies should support and empower individuals with disabilities to live a full and independent life, including the option to get married,” Senator Moran stated in a press release.
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What to Know
The SSI marriage penalty creates a twofold problem for recipients: reduced monthly benefits and lower asset limits.
The resource limit for individuals is $2,000 compared to $3,000 for married couples, regardless of whether both receive SSI—reducing the per-person asset allowance by 25 percent when two individuals marry.
In 2025, the maximum SSI payment is $967 for individuals and $1,450 for married couples in which both individuals are on SSI—a combined monthly benefit decrease of 25 percent.
If enacted, the bill would introduce significant changes to the current Social Security framework, according to text of the bill obtained by Newsweek:
- Higher benefits: Under the proposed law, SSI benefits for eligible individuals would no longer be reduced based on their spouse’s income or resources. This ensures that married recipients can retain full benefits.
- Expanded protections: Adults over 18 with intellectual or developmental disabilities would qualify for benefits under the new rules as long as their individual income and resources remain within eligible limits.
- Deeming rules adjusted: The bill explicitly removes the “deeming” of spousal income and resources, which previously impacted SSI eligibility and benefit amounts for married individuals.
The changes are set to take effect 180 days after the bill’s passage, providing a clear timeline for implementation.
How SSI Payments Have Changed Over Time
SSI benefits for both individuals and married couples have steadily increased from 1975 to 2025, yet the persistent gap between these amounts underscores the long-standing marriage penalty.
Despite cost-of-living adjustments over the years, married couples receive significantly less than two unmarried individuals, effectively discouraging marriage among SSI recipients.
EMPSA aims to address this issue by ensuring that adults with intellectual or developmental disabilities can marry without risking a reduction in their benefits.
What People Are Saying
Senator Chris Van Hollen, a Maryland Democrat, previously told Newsweek: “I’m working alongside Senator Moran to build support for this legislation that will help people with disabilities strengthen their financial security while supporting their freedom to marry. As a common-sense, bipartisan solution, we’ll be looking for opportunities to pass this bill, and I’m confident in its prospects.”
Darcy Milburn, director of Social Security and health care policy at The Arc of the United States, previously told Newsweek: “There is no question that SSI benefits need to be higher… Congress also needs to update outdated rules that trap SSI beneficiaries in poverty, penalize them for marrying, create barriers to work, and constrain their financial independence.”
Ayesha Elaine Lewis, senior staff attorney at the Disability Rights Education and Defense Fund (DREDF), told NPR: “Because the [Americans with Disabilities Act] has a beautiful promise of full integration into society, of people with disabilities being able to live their destinies and make their life what they want of it. But with [the marriage penalty] still in place, it’s obvious that the full promise of the ADA hasn’t been implemented.”
What’s Next
The bill has been referred to the Senate Finance Committee for further consideration. If enacted, it will require updates to SSA administrative systems and communication efforts to ensure recipients understand the new rules.
For eligible individuals, the legislation promises a path to higher benefits without penalizing marriage, potentially improving the quality of life for thousands of Americans.
