New Jersey Legislators Urge Congress Not to Cut Benefits for Disabled Adults Who Marry

New Jersey lawmakers urge Congress to eliminate marriage penalties for disabled adults

 

Legislators in New Jersey are speaking out against a discriminatory policy that cuts federal benefits for disabled adults when they get married, and they’re urging Congress to change the unfair law now.

 

Some background on the issue: 

 

This might surprise you to hear, but disabled adults in the U.S. risk losing some or all of their federal disability benefits when they get married. In fact, just living with a partner can put disabled adults at risk, because it can give an ‘appearance’ of marriage to officials.

 

This loss of benefits can include a reduction in monthly income, loss of access to needed healthcare, food and housing assistance, and more. This hard reality means that many disabled adults choose not to get married, and are forced to live apart from their partners rather than face a ‘marriage penalty’ that puts their health or lives at risk.

 

Many people see this policy as a clear violation of Americans’ constitutionally-protected marriage rights. They say a marriage penalty placed on our most-vulnerable neighbors is unjust, and activists have fought to change the law and secure marriage equality for disabled adults for decades. Unfortunately, change has been slow.

 

AMM wrote about the issue in-depth last year:

 

• It’s Time to Eliminate the Marriage Penalty for Disabled Adults
• Marriage Equality for Disabled Adults: AMM talks to DREDF about the Best Ways to Get Involved

 

What New Jersey legislators are doing now: 

 

Now, four New Jersey Assemblymembers, including Reps Tennille McCoy (D), Wayne DeAngelo (D), Verlina Reynolds-Jackson (D), and Anthony Verrelli (D), are speaking up and urging Congress to pass legislation allowing disabled adults to keep their federal benefits when they get married. 

 

They introduced a resolution on October 28th, called ‘Assembly Resolution No. 168,’ that offers a closer look at what’s at stake when disabled adults lose their federal benefits. The timing is important – the resolution follows recent admissions by the Social Security Administration that some of their policies are outdated, along with a few updates to how SSI is issued.

 

What does NJ Assembly Resolution No. 168 say?

 

The lawmakers point out that nearly 9 million Americans have a disability, including 10.2% of New Jersey’s population – many of whom are disabled workers who rely on benefits through Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) to live. 

 

They point out that many disabled adults are forced to choose between necessary federal benefits and living with or marrying their partners, referencing a recent documentary about NJ residents called “Patrice: The Movie.” 

 

And they point out that asset limits for disabled individuals and married couples receiving benefits haven’t been adjusted since 1989. (That’s 35 years ago, for those keeping track at home.) 

 

NJ Lawmakers also referenced the recent statements issued by the Social Security Administration, which acknowledge that some of these policies are antiquated and should be changed: 

 

“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…the SSA enacted three SSI enhancements that [are] estimated to lead to new or increased SSI payments for hundreds of thousands of Americans with disabilities.”

 

• See this Press Release from SSA for more details about recent changes to SSI: Helpful SSI Changes Reducing Customer Burden Take Effect

 

Visit the NJ Legislature website to read the full text of Assembly Resolution No. 168: Urges US Congress to enact legislation allowing individuals with disabilities to retain federal disability benefits upon marriage.

 

In order for these changes to be truly effective, the lawmakers say, Congress must also enact legislation that would allow individuals with disabilities to retain their federal disability benefits upon marriage. 

 

What’s the next step for disability marriage rights? 

 

Changes to the laws governing SSI and SSDI benefits must be introduced and enacted by the U.S. Congress. When state and federal lawmakers, activists, and ordinary people from around the country speak up like these legislators in New Jersey are doing, it helps show members of Congress that there is strong public support for equal marriage rights for disabled adults. 

 

Similar support was voiced earlier this year when Congressman David G. Valadao announced a bill to remove marriage penalties for disabled adults: H.R. 7055, The Eliminating the Marriage Penalty in SSI Act (EMPSA); and in December 2023, Representative Jimmy Panetta introduced H.R.6640 - Marriage Equality for Disabled Adults Act. 

 

This type of ongoing support can encourage Congress to introduce important legislation, update outdated laws, and create better policies to serve all Americans.

 

Speak up! You can make a difference. Check out the resources from DREDF (Disability Rights Education & Defence Fund) below to get involved: 

 

• DREDF: Legislative Advocacy for Marriage Equality: What can we do?
• DREDF: Eliminating or Reducing Marriage Penalties Bills Introduced in Congress

 

---

 

You might also like these articles about how to plan a disability-friendly wedding:

 

• How Wedding Officiants Can Work Best with Autistic Couples
   
• How to plan an accessible and disability-friendly wedding ceremony
   
• Blindfolded Guests Experience Wedding Ceremony from Blind Bride’s Perspective

 

See more Disability Friendly Wedding Ideas 

 

---

 

Ask a Friend to Get Ordained Online to Officiate Your Wedding, with Help From AMM!  

 

Good things happen when friends and relatives help out at the wedding ceremony! Ask a friend or family member to officiate your wedding with free online ordination through American Marriage Ministries (AMM). 

|* custom-button, "https://theamm.org/ordination-application", "ORDAINED MINISTER ONLINE APPLICATION" *|

Why AMM? American Marriage Ministries is an inclusive nondenominational internet church that ordains and trains ministers to officiate marriage ceremonies. We are a recognized 501(c)(3) nonprofit church, and help people from all backgrounds and beliefs become ordained ministers for weddings. Our online ordination is free, accessible, and never expires.

 

Officiating weddings is an incredible honor, and a great way to show your love and support for the people getting married. As a wedding officiant, you will help to create memorable ceremonies and memories that last a lifetime.

AMM Ministers can legally officiate weddings in every state* (it's much harder in Virginia, where we're looking into our options). After getting ordained with AMM, you might need to register your ordination with your local county clerk’s office. Click the link above to get started! 

 

 

Become an ordained minister online with American Marriage Ministries and officiate wedding for friends and relatives. (Photo: franckreporter / iStock)

 

---