David Camp, NOSSCR Senior Policy Advisor & General Counsel

This month, I want to focus on a systemic exclusion NOSSCR has fought to dismantle for years: the denial of Supplemental Security Income (SSI) to our fellow citizens in Puerto Rico and other U.S. territories. For hundreds of thousands of Americans, the SSI aspect of our safety net isn’t available—because of a failure in the statute (and the Supreme Court’s interpretation of it).

US v. Vaello-Madero

NOSSCR’s commitment to this issue is long-standing. We were proud to join our colleagues at Justice in Aging and AARP Foundation in filing an amicus curiae brief in the Supreme Court in US v. Vaello-Madero. Our brief argued that it was fundamentally irrational to classify the nation’s poor and medically needy as “second tier” simply because they reside in Puerto Rico.

Unfortunately, the Supreme Court disagreed in April 2022. Writing for the majority, Justice Kavanaugh reasoned that the Territory Clause of the Constitution affords Congress “broad authority” to create different tax and benefits programs for the territories. The Court’s logic was largely tethered to a “tax status” trade-off: because residents of Puerto Rico are generally exempt from most federal income, gift, estate, and excise taxes, Congress had a “rational basis” to exclude them from certain federal benefit programs like SSI.

The Court further cautioned that requiring identical treatment on the benefits side could lead to “far-reaching consequences,” potentially forcing the imposition of full federal taxes on a Puerto Rican economy that might not be able to bear the burden. In her dissent, Justice Sotomayor called this reasoning “irrational,” noting that SSI is a program of last resort for the neediest citizens who, by definition, lack the income to pay those federal taxes anyway.

The human cost of this legal distinction is staggering. While the average SSI recipient on the mainland receives nearly $600 a month, those in Puerto Rico are relegated to the Aid to the Aged, Blind, and Disabled (AABD) program. Under AABD, the average benefit is a mere $82 per month—a fraction of what is needed to survive in an area where nearly half of residents live below the poverty line.

The SSI Restoration Act of 2026

The Supreme Court made one thing clear: while the Constitution does not compel SSI expansion to the territories, Congress has the full discretion to do so through legislation. A statutory edit is the only way forward.

NOSSCR has endorsed the SSI Restoration Act of 2026 (S. 4001 / H.R. 7828), a major bipartisan push introduced this March. This bill would permanently fix the geographic exclusion by amending the Social Security Act to include Puerto Rico, Guam, the U.S. Virgin Islands, and American Samoa in the definition of the “United States” for SSI purposes.

Beyond territorial expansion, the bill offers a wholesale modernization of a program that has not been meaningfully updated in over five decades:

• Updating Asset Limits: It raises resource limits to $10,000 for individuals and $20,000 for couples, finally moving past the archaic limits that have trapped beneficiaries in poverty.
• Eliminating the “Marriage Penalty”: It ensures married couples receive a rate equal to twice the individual rate.
• Ending ISM Penalties: It repeals rules regarding In-Kind Support and Maintenance (ISM), meaning a claimant won’t be penalized for receiving a meal or a place to sleep from family.
• Poverty Level Benefits: It increases the monthly benefit rate to 100% of the federal poverty level.

Your Voice

As practitioners, you see the hurdles that drain your clients’ resources every day. But the territorial exclusion is a barrier of a different kind: a total denial of a lifeline based solely on residence.

NOSSCR needs your help to move this legislation. We are organizing advocacy days in Washington, DC, to meet with Members of Congress. There is no substitute for a lawyer explaining to a Hill staffer exactly how an outdated asset limit or a geographic technicality prevents a disabled American from meeting their basic needs.

To arrange your visit to Washington to support this legislation, contact us at nosscr@nosscr.org.

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