1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.168547.1
SENATE MEMORIAL 47
48
TH LEGISLATURE
- STATE OF NEW MEXICO -
FIRST SESSION
, 2007
INTRODUCED BY
Gerald P. Ortiz y Pino
A MEMORIAL
REQUESTING CONGRESS TO REMOVE THE PENALTY ASSOCIATED WITH BEING
A MARRIED INDIVIDUAL WITH A DISABILITY RECEIVING SUPPLEMENTAL
SECURITY INCOME BENEFITS.
WHEREAS, in the past, individuals with disabilities were
not expected to fully participate as equal members of their
communities; and
WHEREAS, in the past, individuals with disabilities were
not perceived as capable of developing loving relationships
with others; and
WHEREAS, individuals with disabilities have the same need
as people without disabilities to develop and maintain
permanent loving relationships; and
WHEREAS, many individuals with disabilities hold religious
and moral beliefs that preclude them from living together as
pg_0002
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.168547.1
- 2 -
husband and wife without being married; and
WHEREAS, individuals with disabilities want to marry and
live as full members of their communities; and
WHEREAS, individuals with disabilities often depend on
supplemental security income from federal social security and
other governmental benefits for meeting their basic living
requirements; and
WHEREAS, social security law places strict limits on the
amount of resources that individuals with disabilities are
allowed to hold; and
WHEREAS, when two individuals with disabilities each
receiving supplemental security income get married, social
security laws require that one of those individuals receive a
reduced supplemental security income benefit as a marriage
penalty; and
WHEREAS, two unmarried individuals with disabilities
living in the same residence each receive the full federal
benefit rate; and
WHEREAS, of the three major public income assistance
programs, temporary assistance for needy families, food stamps
and supplemental security income, supplemental security income
is the only one to use marital status in determining the amount
of an individual's benefit;
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE
OF NEW MEXICO that the United States congress be requested to
pg_0003
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.168547.1
remove the penalty associated with being a married individual
with a disability receiving supplemental security income
benefits; and
BE IT FURTHER RESOLVED that copies of this memorial be
transmitted to each member of New Mexico's congressional
delegation.
- 3 -