SENATE RESOLUTION No. 118 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED DECEMBER 16, 2024
SENATE RESOLUTION No. 118
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED DECEMBER 16, 2024
Sponsored by: Senator CARMEN F. AMATO, JR. District 9 (Ocean) Senator KRISTIN M. CORRADO District 40 (Bergen, Essex and Passaic) SYNOPSIS Urges US Congress to enact legislation allowing individuals with disabilities to retain federal disability benefits upon marriage. CURRENT VERSION OF TEXT As introduced.
Sponsored by:
Senator CARMEN F. AMATO, JR.
District 9 (Ocean)
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
Urges US Congress to enact legislation allowing individuals with disabilities to retain federal disability benefits upon marriage.
CURRENT VERSION OF TEXT
As introduced.
An Senate Resolution urging the United States Congress to enact legislation allowing individuals with disabilities to retain federal disability benefits upon marriage. Whereas, The Social Security Administration (SSA) manages retirement, disability, survivor, and family benefits, and is responsible for enrolling individuals in Medicare; and Whereas, SSA also provide Social Security numbers, which are unique identifiers needed to work, handle financial transactions, and determine eligibility for certain government services; and Whereas, The SSA administers two disability related programs known as Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI); and Whereas, SSI are monthly benefits provided to people with limited income and resources who are blind, age 65 or older, or have a qualifying disability; and Whereas, SSI is a need-based program that provides financial assistance to disabled individuals, as well as seniors, with limited income and resources, regardless of their work history; and Whereas, SSDI provides monthly payments to people who have a disability that stops or limits their ability to work; and Whereas, SSDI is based on an individual's work history and the Social Security taxes they have paid. It provides benefits to those who have worked and paid into Social Security for a sufficient number of years but have become disabled and are unable to work; and Whereas, While SSDI and SSI have different work and financial rules in order to qualify both benefits are intended to provide financial support to individuals who are disabled; and Whereas, The most recent "Annual Statistical Report on the Social Security Disability Insurance Program" revealed that disability benefits were paid to over 8.9 million people; and Whereas, In New Jersey, approximately 10.2 percent of the population has a disability; and Whereas, The SSA recently recognized Patrice Jetter and Garry Wickham, subjects of "Patrice: The Movie", a documentary that focuses on the couple's concerns about losing their disability benefits if they were to get married; and Whereas, Patrice, who lives in Hamilton Township, and Garry, who lives in Princeton, are one of many couples who have disabilities and cannot live together or get married because, due to current federal statutes, the disability benefits they depend on would be terminated if they were to marry; and Whereas, Congress imposes limits on SSI applicants and recipients, including asset limits for individuals and married couples that have not been adjusted since 1989; and Whereas, Present day, the partial 1989 update can make it difficult for SSI recipients to save money and can cause other hardships, as the movie emphasizes; and Whereas, The film highlights how changes to the asset limit and related marriage rules can only be made by Congress because those have been set by statute; and Whereas, For decades, there has been Congressional interest in updating SSI asset limits. In 2021 the Senate Banking, Housing and Urban Affairs Committee considered a bill that aimed to raise the $2,000 asset limit cap for individuals and $3,000 for couples to $10,000 and $20,000 respectively. The bill also aimed to index the caps to inflation, so that the asset limits would be adjusted annually; and Whereas, To the extent possible by law the SSA has taken steps to update SSI policies, administratively, to simplify rules, reduce burdens, and better support people with disabilities; and Whereas, On September 30, 2024 the Social Security Administration issued a public statement acknowledging that some of the policies enforced by the administration are antiquated and should be updated to reflect the modern day needs of individuals living with disabilities and receiving disability benefits; and Whereas, Along with the public statement issued by the SSA on September 30, the SSA enacted three SSI enhancements that is estimated to lead to new or increased SSI payments for hundreds of thousands of Americans with disabilities; and Whereas, Marriage is a formally recognized union of two people as partners in a personal relationship; and Whereas, The Supreme Court has ruled in at least 15 cases since 1888, including 2015 in Obergefell v. Hodges, that marriage is a fundamental right guaranteed to all citizens; and Whereas, In order to implement effective changes to the SSA's policies concerning SSI and SSDI, Congress should take action to enact legislation concerning these two programs that would allow individuals with disabilities to retain their federal disability benefits upon marriage; now, therefore, Be It Resolved by the Senate of the State of New Jersey: 1. The Senate respectfully urges the United States Congress to take action to enact legislation concerning SSI and SSDI that would allow individuals with disabilities to retain their federal disability benefits upon marriage. 2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and to each member of the New Jersey Congressional delegation. STATEMENT This resolution respectfully urges the United States Congress to enact legislation allowing individuals with disabilities to retain federal disability benefits upon marriage. The Social Security Administration (SSA) administers two disability related programs known as Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). SSI is a need-based program that provides financial assistance to disabled individuals, as well as seniors, with limited income and resources, regardless of their work history. SSDI is based on an individual's work history and the Social Security taxes they have paid. It provides benefits to those who have worked and paid into Social Security for a sufficient number of years but have become disabled and are unable to work. The SSA recently recognized Patrice Jetter and Garry Wickham, subjects of "Patrice: The Movie", a documentary that focuses on the couple's concerns about losing their disability benefits if they were to get married. The film highlights how changes to the asset limit and related marriage rules can only be made by Congress because those have been set by statute. On September 30, 2024 the Social Security Administration issued a public statement acknowledging that some of the policies enforced by the administration are antiquated and should be updated to reflect the modern day needs of individuals living with disabilities and receiving disability benefits. Along with the public statement issued by the SSA on September 30, the SSA enacted three SSI enhancements that is estimated to lead to new or increased SSI payments for hundreds of thousands of Americans with disabilities. In New Jersey, approximately 10.2 percent of the population has a disability. The majority of recipients are disabled workers. In order to implement effective changes to the SSA's policies concerning SSI and SSDI, Congress should take action to enact legislation concerning these two programs that would allow individuals with disabilities to retain their federal disability benefits upon marriage.
An Senate Resolution urging the United States Congress to enact legislation allowing individuals with disabilities to retain federal disability benefits upon marriage.
Whereas, The Social Security Administration (SSA) manages retirement, disability, survivor, and family benefits, and is responsible for enrolling individuals in Medicare; and
Whereas, SSA also provide Social Security numbers, which are unique identifiers needed to work, handle financial transactions, and determine eligibility for certain government services; and
Whereas, The SSA administers two disability related programs known as Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI); and
Whereas, SSI are monthly benefits provided to people with limited income and resources who are blind, age 65 or older, or have a qualifying disability; and
Whereas, SSI is a need-based program that provides financial assistance to disabled individuals, as well as seniors, with limited income and resources, regardless of their work history; and
Whereas, SSDI provides monthly payments to people who have a disability that stops or limits their ability to work; and
Whereas, SSDI is based on an individual's work history and the Social Security taxes they have paid. It provides benefits to those who have worked and paid into Social Security for a sufficient number of years but have become disabled and are unable to work; and
Whereas, While SSDI and SSI have different work and financial rules in order to qualify both benefits are intended to provide financial support to individuals who are disabled; and
Whereas, The most recent "Annual Statistical Report on the Social Security Disability Insurance Program" revealed that disability benefits were paid to over 8.9 million people; and
Whereas, In New Jersey, approximately 10.2 percent of the population has a disability; and
Whereas, The SSA recently recognized Patrice Jetter and Garry Wickham, subjects of "Patrice: The Movie", a documentary that focuses on the couple's concerns about losing their disability benefits if they were to get married; and
Whereas, Patrice, who lives in Hamilton Township, and Garry, who lives in Princeton, are one of many couples who have disabilities and cannot live together or get married because, due to current federal statutes, the disability benefits they depend on would be terminated if they were to marry; and
Whereas, Congress imposes limits on SSI applicants and recipients, including asset limits for individuals and married couples that have not been adjusted since 1989; and
Whereas, Present day, the partial 1989 update can make it difficult for SSI recipients to save money and can cause other hardships, as the movie emphasizes; and
Whereas, The film highlights how changes to the asset limit and related marriage rules can only be made by Congress because those have been set by statute; and
Whereas, For decades, there has been Congressional interest in updating SSI asset limits. In 2021 the Senate Banking, Housing and Urban Affairs Committee considered a bill that aimed to raise the $2,000 asset limit cap for individuals and $3,000 for couples to $10,000 and $20,000 respectively. The bill also aimed to index the caps to inflation, so that the asset limits would be adjusted annually; and
Whereas, To the extent possible by law the SSA has taken steps to update SSI policies, administratively, to simplify rules, reduce burdens, and better support people with disabilities; and
Whereas, On September 30, 2024 the Social Security Administration issued a public statement acknowledging that some of the policies enforced by the administration are antiquated and should be updated to reflect the modern day needs of individuals living with disabilities and receiving disability benefits; and
Whereas, Along with the public statement issued by the SSA on September 30, the SSA enacted three SSI enhancements that is estimated to lead to new or increased SSI payments for hundreds of thousands of Americans with disabilities; and
Whereas, Marriage is a formally recognized union of two people as partners in a personal relationship; and
Whereas, The Supreme Court has ruled in at least 15 cases since 1888, including 2015 in Obergefell v. Hodges, that marriage is a fundamental right guaranteed to all citizens; and
Whereas, In order to implement effective changes to the SSA's policies concerning SSI and SSDI, Congress should take action to enact legislation concerning these two programs that would allow individuals with disabilities to retain their federal disability benefits upon marriage; now, therefore,
Be It Resolved by the Senate of the State of New Jersey:
1. The Senate respectfully urges the United States Congress to take action to enact legislation concerning SSI and SSDI that would allow individuals with disabilities to retain their federal disability benefits upon marriage.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and to each member of the New Jersey Congressional delegation.
STATEMENT
This resolution respectfully urges the United States Congress to enact legislation allowing individuals with disabilities to retain federal disability benefits upon marriage. The Social Security Administration (SSA) administers two disability related programs known as Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). SSI is a need-based program that provides financial assistance to disabled individuals, as well as seniors, with limited income and resources, regardless of their work history. SSDI is based on an individual's work history and the Social Security taxes they have paid. It provides benefits to those who have worked and paid into Social Security for a sufficient number of years but have become disabled and are unable to work.
The SSA recently recognized Patrice Jetter and Garry Wickham, subjects of "Patrice: The Movie", a documentary that focuses on the couple's concerns about losing their disability benefits if they were to get married. The film highlights how changes to the asset limit and related marriage rules can only be made by Congress because those have been set by statute. On September 30, 2024 the Social Security Administration issued a public statement acknowledging that some of the policies enforced by the administration are antiquated and should be updated to reflect the modern day needs of individuals living with disabilities and receiving disability benefits. Along with the public statement issued by the SSA on September 30, the SSA enacted three SSI enhancements that is estimated to lead to new or increased SSI payments for hundreds of thousands of Americans with disabilities.
In New Jersey, approximately 10.2 percent of the population has a disability. The majority of recipients are disabled workers. In order to implement effective changes to the SSA's policies concerning SSI and SSDI, Congress should take action to enact legislation concerning these two programs that would allow individuals with disabilities to retain their federal disability benefits upon marriage.