CAT 5 Ch 19 Supplemental Security Income SSI

Who is eligible to receive SSI benefits?

1 The recipient must be blind, elderly, or disabled and 2 must qualify financially and 3 Must be citizen of the United States or a qualified alien and resident of the United States There are eight categories of "qualified aliens"

What is "deeming"?

1. The relationship of the individual whose income is deemed available including that of parents of minor children, spouses, spouses of parents, and sponsors of aliens. 2. The allocation of income . Once the income of the applicant's parent, spouse, etc., has been calculated, the amount deemed available will be reduced according to the number of ineligible persons living in the household. 3.The calculation of deemed income

How is the money given to the recipient?

After May 2011 all recipients or the REP PAYEE will receive benefits either via direct deposit, electronic transfer account (ETA) or through the Direct Express Debit card.

What are the financial requirements for SSI eligibility?

Countable income is defined as anything received in cash or in kind that can be used to meet the need for food and shelter. Countable income must be less than $783 (2020 figure) a month for a single adult and less than $1,175 a month for married couples In-kind income is food, shelter, or something that can be converted to food or shelter.

What are the categorical requirements for SSI eligibility?

Either 1. Blind . Vision must be limited to 20/200 or less in the better eye after correction or the field of vision must be less than 20 degrees. 2. Elderly . Age 65 or older. 3. Disabled . Physical or mental impairment that prohibits the applicant from performing any substantial work and expected to last at least 12 months (or lead to the applicant's death). In the case of a child, need "marked and severe functional limitations" as a result of a physical or mental impairment.

What happens to an SSI recipient's benefits if he or she leaves the United States?

Eligibility will be lost if an individual leaves the United States for 30 consecutive days. Upon returning, back in the United States for 30 consecutive days to be considered "back in the United States" for eligibility purposes. Eligibility for SSI benefits will begin in the month in which the 30 days end if all other eligibility requirements are met.

Are there state supplemental benefits?

Four states (Arizona, Mississippi, North Dakota, and West Virginia) offer no supplement. The remaining states have a mix of approaches; some allow Social Security to administer their state supplement, some share the administration and some manage their programs entirely on their own.

Who is not eligible to receive SSI benefits?

Fugitive felons Those housed in public institutions (including prison or jail) A beneficiary who makes gifts in the three years before application may be disqualified from receiving SSI benefits for a period of months calculated by dividing the total amount of gifts by the maximum SSI benefit. Residents of a public institution are not eligible for SSI.

What about gifts?

Gifts of cash will be counted as income once the $20 "disregard" threshold is reached, cash gifts will reduce the SSI benefit dollar for dollar. In-kind gifts of non-necessities are ordinarily not counted as income and are therefore completely permissible. Gifts of entertainment, travel, education, therapy, or other treatment can be freely given to SSI recipients.

For what other benefits will an SSI recipient qualify?

In addition to the monthly SSI benefit, in most states an SSI beneficiary will automatically qualify for both food stamps and Medicaid coverage.

Can an attorney be paid for the award?

In general, to have a fee paid directly to the attorney from the applicant's award, the attorney must agree to accept the lesser of $6,000 or 25 percent of the award.

What is the appeals process for SSI?

Initial applications are frequently denied, and as frequently appeals are successful.

When an SSI benefits recipient dies, if he or she had a self-settled "d4" trust, are benefits repaid to Social Security out of the trust?

No. Repayment is required, but only repayment of state Medicaid contributions. No repayment is required as to SSI or other Social Security payments.

When an SSI benefits recipient dies, is there a claim against his or her estate?

No. The SSA has no claim for recovery of SSI benefits properly paid.

What are the time limits on appeal?

Once denied benefits, SSI claimants only have 60 days to request a reconsideration, the first step in the appeals process to and admin law judge (ALJ) The ALJ's decision can be appealed to the SSA Appeals Council, in Arlington, Virginia. The Appeals Council decision can be appealed to federal court through a civil complaint, which must be filed within 60 days after the date notice of the Appeals Council's action is received. Even when deadlines are not met, a decision can be reopened within 12 months for any reason, or may be reopened for good cause, such as new evidence, within two years.

What payments would be treated as giving in-kind "shelter" support?

Payments by third parties treated as "shelter" by Social Security: (1) actual purchase of a home; (2) mortgage (and any insurance required by the mortgage); (3) real property taxes; (4) rent; (5) heating fuel; (6) gas; (7) electricity; (8) water; (9) sewer; and (10) garbage removal.

How are loans to an SSI recipient treated?

Providing in-kind support and maintenance as a loan, pursuant to a "bona fide loan agreement," which includes "an oral or written agreement as long as it is enforceable under State law," is not income.

What is the maximum SSI benefit, and when is it reduced?

SSI benefits are set at a maximum amount, which increases each year in January, in concert with the increase in Social Security benefits (based on the annual cost of living adjustment). For 2020, the maximum federal benefit rate is $783 for a single disabled SSI recipient, and $1,175 for a married couple.

How are earned and unearned income treated differently?

SSI eligibility counts both "earned" and "unearned" income. Earned income includes wages and self-employment income, whether paid in cash or by in-kind payments of goods or services. For SSI eligibility purposes, some income is excluded from consideration: - The first $20 per month of most unearned income -$65 per month of wages and one-half of wages over $65 -Food stamps - Home energy and housing assistance

How does countable income impact eligibility?

SSI eligibility is determined monthly based on the countable income in the month that passed two months previously. Thus, SSI eligibility for March is based on January's countable income.

Who administers SSI?

SSI is administered by the Social Security Administration (SSA). Funding for SSI is separate from the Social Security trust fund and comes from annual appropriations.

What is the Supplemental Security Income program?

Supplemental Security Income (SSI) [42 U.S.C. §§ 1381 et seq.] benefits are payable to elderly, blind, or disabled individuals who qualify financially. It is a federal welfare program, with both financial and functional eligibility requirements. SSI benefits may be paid to children as well as adults.

How much is a state supplement?

The amount of state supplements varies. For example, an elderly or disabled individual living independently would receive an additional $160.72 in California (for 2020) but $79.38 in Rhode Island (though the Rhode Island supplement would arrive in a separate check)

How are SSI benefits awarded?

Unlike SSDI, benefits are not awarded retroactively at all, but date back only to the date of filing. However, "filing" can include an application filed and abandoned, or denied but never appealed, if it is reopened. Prior applications within one year can be reopened for any reason, and can be reopened within two years for good cause. The application process can take three to five months. Some conditions create presumptive eligibility and benefits may start during the application process and continue for up to six months. HIV infection; Total blindness; Total deafness; Cerebral palsy Down syndrome; Muscular dystrophy; Severe mental retardation (child age 4 or older); and Very low birth weight (payable until age 1).

Are pre-paid cards or gift certificates counted?

Yes. If the card or gift certificate can be converted into cash, it will be treated as cash and therefore reduce SSI benefits in the month in which the gift is received.