Court rules Social Security Income exclusion discriminated against Guam resident

Guam's federal court on Friday marked a constitutional victory for Guam resident Katrina Schaller that could open the door for more Social Security Income benefits for those in U.S. Territories.


"It was a very good day for justice," Shaller's attorney Attorney Rodney Jacob said. "Justice was served with this decision."

The victory stems from a years-long push against the exclusion of Guam residents from the Supplemental Security Income benefits for the blind, elderly, and disabled.

On Friday, Chief Judge Frances M. Tydingco-Gatewood ruling that "the court finds that the discriminatory provisions of the SSI statute and any related implementing regulations that discriminate on the basis of status as a resident of Guam violate the Constitution and Organic Act's guarantees of Equal Protection."

"Katrina was unable to care for herself because of her disability and chose to come live with her loving sister and brother in law [in Guam]," Jacob said. "And when the did, the United States terminated her SSI benefits because they considered Guam outside of the United States."

Her twin sister Leslie remains in assisted living in Pennsylvania. But she can't travel to Guam for more than 30 days because her benefits would end. If the ruling is upheld Katrina would receive benefits just like her sister.

 "We highly anticipate that the United States is going to appeal to the 9th circuit and perhaps the U.S. Supreme Court on this very issue to fight it," Jacob said. 

That fight receiving the support of a national non-partisan civil rights organization Equally American.

"This is an important court victory that really just highlights the many ways that residents of Guam and other territories are discriminated against in ways that just make no sense."

While CNMI residents benefit from this federal money, it excludes Guam, American Samoa, Puerto Rico, and the Virgin Islands.