WILL I QUALIFY FOR SSI BENEFITS?
This is a very complicated question. In order to receive SSI benefits in a disability case, you have to first show that you are disabled. Then, you have to show that you meet the financial requirements for SSI. Even I have sometimes had difficulty providing an exact prediction of what my clients will receive with their SSI payments. is certainly very frustrating when we win a case but the client receives little to no money in SSI payments. Why does this happen? Because there are so many different factors which may reduce your SSI payments. SSI benefits or Supplemental Security income benefits are based on whether you meet the financial qualifications for the program. Some of the basic requirements are that you can’t have a bank account with over $2,000 if you are on your own or $3000 if you are married. Also you are only allowed to own one car even if you are a couple. You can also only own one home which you must live in. You must keep in mind these income restrictions while trying to prove you are disabled. Otherwise, you may end up getting no benefits at all. Check out this link to learn more about what SSA considers to be resources: HERE
IF MY SPOUSE IS WORKING, WILL THIS REDUCE MY SSI PAYMENTS?
Yes. If your spouse or partner is working or they receive benefits, this can reduce the money you’ll get depending on how much money they’re making. SSA has a formula for this income (referred to as deemed income) for determining the reduction. It is [your spouse’s income minus $85] divided by 2. This deemed income would then be subtracted from your maximum SSI benefits that you can get as a couple (which was $1371 in 2023). You can find out more about deemed income HERE and HERE.
DOES IT MATTER IF MY SPOUSE, ROOMMATE, OR PARTNER IS PAYING FOR MY FOOD AND SHELTER?
Yes, SSA will subtract that from your SSI payment as in-kind income. SSA may reduce your income by up to 1/3 if you aren’t paying for your food or shelter yourself. However, benefits such as food stamps are not counted. Additionally, this regulation may be modified by a recent proposed rule (NOT YET IN EFFECT) which would would mean that claimants would no longer need to provide information about meals or groceries from friends or family for the SSA to consider when calculating in-kind income. You can find out more about the proposed rule: HERE.
WHAT IF I DISAGREE WITH THE REDUCTIONS THAT SSA MADE WITH MY SSI PAYMENTS?
I would recommend that you contact the Social Security Agency at 1-800-772-1213 and set up an in person or phone appointment with your local Social Security office to discuss your SSI payments. You should also bring proof of why SSA’s reduction was incorrect. For example, you may provide grocery receipts showing you pay for your own food or rental payment receipts showing you are paying the rent.
Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Pati Law Firm, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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