Supplemental Security Income (SSI) Exclusion from Puerto Rico
Puerto Rico residents are excluded from Supplemental Security Income (SSI), the federal safety-net program for elderly, blind, and disabled Americans. This exclusion, upheld by the Supreme Court in Vaello Madero (2022), affects approximately 300,000 Puerto Ricans who would be eligible if they lived on the mainland.
Since the Supplemental Security Income (SSI) program was created in 1972, Puerto Rico has been excluded from participation — one of the most consequential ways that colonial status translates into material deprivation.
What SSI Provides: SSI is a federal program that provides cash assistance to elderly, blind, and disabled Americans with limited income and resources. In 2024, the maximum federal SSI benefit was $943/month for an individual.
What Puerto Rico Gets Instead: Puerto Rico receives a block grant under the Aid to the Aged, Blind, and Disabled (AABD) program, capped at approximately $35 million annually — a tiny fraction of what SSI would provide. The maximum AABD benefit is approximately $75/month.
The Gap:
- An estimated 300,000+ Puerto Ricans would be eligible for SSI if they lived on the mainland
- The SSI benefit ($943/month) would be approximately 12 times the AABD benefit ($75/month)
- GAO estimated that extending SSI to Puerto Rico would cost approximately $2.5 billion annually
- Puerto Rican residents pay the same payroll taxes that fund the Social Security system
Legal Challenge: In United States v. Vaello Madero (2022), the Supreme Court upheld the exclusion 8-1. Justice Kavanaugh's majority opinion held that Congress has broad authority to treat territories differently from states. Justice Sotomayor dissented, calling the exclusion "especially cruel."
Human Impact: The SSI exclusion means that elderly and disabled Puerto Ricans receive dramatically less federal support than identically situated Americans on the mainland:
- An elderly Puerto Rican with no income receives $75/month
- The same person, if they moved to Florida, would receive $943/month
- This disparity incentivizes elderly and disabled Puerto Ricans to leave the island — contributing to the population decline and brain drain
The SSI exclusion is the clearest example of how colonial status translates into poverty: identical Americans receive radically different levels of support based solely on which side of the colonial line they live.
Sources
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SSI Exclusion - GAO
https://www.gao.gov/products/gao-14-31 -
United States v. Vaello Madero Concurrence
https://supreme.justia.com/cases/federal/us/596/20-303/