The Supreme Court Should End Benefits Discrimination Against Disabled Citizens Living in U.S. Territories

By Matthew Cortland and Gustavo Sanchez 

José Luis Vaello-Madero is a United States citizen. Born in Puerto Rico, he moved to New York City in 1985 and lived there for the next 28 years. In 2012, he started receiving Supplemental Security Income (SSI), a program administered by the Social Security Administration that provides disability benefits to about 7 million impoverished Americans. In 2013, José's wife had moved back to Puerto Rico because of her own health challenges, so he moved back to Puerto Rico to help take care of her.

When the Social Security Administration found out about his move back to Puerto Rico, they suspended his SSI benefits. According to the federal government,  American citizens in the United States territories of Puerto Rico, the U.S. Virgin Islands, and Guam are not eligible to receive SSI. However, U.S. citizens who live in the Northern Mariana Islands, another United States territory, are eligible for the benefit. 

This week, the United States Supreme Court heard oral argument in United States v. Vaello-Madero. It’s a chance for the Supreme Court to rectify this long-standing injustice and provide the full benefits of citizenship — including Social Security and SSI — to every American regardless of where they live.

SSI’s maximum benefit is $794 per month and in order to qualify, a disabled beneficiary cannot have more than $2,000 in assets. It’s a paltry sum — but Puerto Rico residents are forced to settle with even less. Puerto Rico’s own disability program requires its beneficiaries to make only $65 a month, for a monthly benefit of $77.

New Data for Progress polling shows just how popular extending SSI to all U.S. citizens is. By a +45-point margin, voters support expanding the benefits to U.S. citizens in Puerto Rico, Guam, and the U.S. Virgin Islands. This includes 83 percent of Democrats, 66 percent of Independents, and, on net, +19 points of support from Republicans. 

It’s clear that this proposal is massively popular with likely voters. But beyond that, it’s simply the right thing to do. By siding with Vaello-Madero, the Supreme Court has an opportunity to fully affirm the rights of disabled people as well as United States citizens who live in the territories. United States citizens should be able to access every benefit of citizenship — no matter where they live. 

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CHART ALT TEXT:

Chart titled "Voters Support Extending SSI Benefits to American Citizens in U.S. Territories"

Text: American citizens who live in the U.S. territories of Puerto Rico, Guam, and the U.S. Virgin Islands cannot access SSI, solely because of where they live. But American citizens who live in the U.S. territory of the Northern Mariana Islands can qualify for SSI.

Would you support or oppose extending SSI benefits to all U.S. citizens, regardless of which state or territory they live in?

All likely voters:

Strongly support: 37%

Somewhat support: 32%

Somewhat oppose: 12%

Strongly oppose: 12%

Democrats:

Strongly support: 51%

Somewhat support: 32%

Somewhat oppose: 6%

Strongly oppose: 6%

Independent/3rd Party:

Strongly support: 31%

Somewhat support: 35%

Somewhat oppose: 13%

Strongly oppose: 13%

Republican:

Strongly support: 26%

Somewhat support: 30%

Somewhat oppose: 17%

Strongly oppose: 20%