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Old 05-13-2010, 07:16 PM
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fmichael fmichael is offline
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Join Date: Sep 2006
Location: California
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fmichael fmichael is offline
Senior Member
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Join Date: Sep 2006
Location: California
Posts: 1,239
15 yr Member
Blank Ssi

Quote:
Originally Posted by wswells View Post
Mike, I'm so impressed with all your knowledge, I was wondering if you knew anything about SSI? I was raising our kids most of our marriage, my oldest is 30 and my youngest is 25 we have been married 33 years. I was told that because my husband is employed I am not eligible, they think he makes too much money (thats a joke) I was once told by someone that you can still get SSI even if you are married with a spouse who is employed. I did get medicaid for my medical, but it's medicaid with share of cost. I had to go that route because my insurance company dropped me and we went through to much of our personal finances. This was originally a wc case, but got so sick of running thru their hoops, that I finally decided it was time to settle. This all started in 1986 and I settled in 2002. I have already applied once and was turned down, do I need a lawyer to even start over or should I just forget about it? I would really appreciate your advise. Thank you in advance. Your friend Wendy
Dear Wendy -

Thanks for the compliment. Truth is, the only thing I really know is how to access databases, a skill I picked up in countless hours of online legal research when I was practicing law. That, and what I've managed to retain in my long term memory; and the business about Arnold just stuck in my craw, so to speak.

As far as SSI, I know next to nothing about it because I have a private disability insurance policy that I was lucky to be talked into buying way back when policies were so boadly written they almost ended up driving some of the major carriers into receivorship. Those payments don't effect SSD but are counted as income under SSI, and put me over the limit for SSI from the start.

What I was able to find offhand was a website on SSI maintained by the SSA, What You Need To Know When You Get Supplemental Security Income (SSI), which includes the following:
If you have income other than your SSI, you must tell us about it. And you should tell us if the amount of your other income increases, decreases, or if the income stops. Usually, changes in your income in a month will affect your SSI payment two months later.

You also should tell us about changes in the income of other family members living with you. For example:
If you are married, tell us about any change in your husband’s or wife’s income, including any change in the amount of his or her Social Security benefits. (If you also get Social Security benefits, you do not need to tell us when you get a Social Security benefit increase.)
If you have a child younger than 18 who gets SSI and lives with you, tell us about any change in:
The child’s income;
Your income;
Your husband’s or wife’s income; and
Income of any child in your home who is not getting SSI.
Also tell us if:
A child in your home who is not getting SSI gets married; or
A child who is working or who is age 18 to 22 starts or stops attending school full time.
What we count as income
Under SSI, income includes cash, checks and other things you get that can be used for food or shelter. Here are examples of income:
Wages from your job, whether in cash or another form;
Net earnings from your business if you are self-employed;
The value of food or shelter that someone gives you, or the amount of money some gives you to help pay for them;
Department of Veterans Affairs benefits;
Railroad retirement and railroad unemployment benefits;
Annuities, pensions from any government or private source, workers’ compensation, unemployment insurance benefits, black lung benefits and Social Security benefits;
Prizes, settlements and awards, including court ordered awards;
Proceeds of life insurance policies;
Gifts and contributions;
Support and alimony payments;
Inheritances in cash or property;
Interest earned, including interest on savings, checking and other accounts;
Rental income; and
Strike pay and other benefits from unions
Items that do not count as income

The following items are not income:
Medical care and services;
Social services;
Money from the sale, exchange or replacement of things you own (though the money may count as a resource if you retain it until the next month);
Income tax refunds;
Earned Income Tax Credit payments;
Payments made by life or disability insurance on charge accounts or other credit accounts;
Proceeds of a loan;
Bills paid by someone else for things other than food, clothing or shelter;
Replacement of lost or stolen income; and
Weatherization assistance.
Some things we normally count as “income” will not reduce your SSI payment. For example, under certain conditions, home energy assistance provided by certain home energy suppliers is not counted as income. Food, clothing, shelter or home energy assistance provided free or at a reduced rate by private nonprofit organizations also is not counted. Even though these items may not count, you should still tell us about them.

* * *


If your name is on any bank account with another person, you must tell us about the account, even if you do not consider the money to be yours. You must tell us about the account, even if you do not use the money or account. If someone wants to add your name to an account, check with us first. If the money is not really yours, or if it is for a special purpose like your medical expenses, we can tell you how to set up the account so it will not affect your SSI.

If you (or your husband or wife) buy, sell or become the owner of any real estate, a car or personal property, you need to tell us.
http://www.ssa.gov/pubs/11011.html#8b

Now, not only am I no longer a practicing attorney, but I never knew anything about SSI in the first place. Reading what's on the website, my naked guess is the big thing you would have to be concerned with, regarding your husband's income, is "The value of food or shelter that someone gives you, or the amount of money some gives you to help pay for them." That and any money in joint checking accounts, etc. And why they want to know about when "your husband or wife . . . buy[s], sell[s] or become[s] the owner of any real estate, a car or personal property," escapes me, unless it's just so they can do background checks on whether you personally hold any interest in those assets.

That said, bear in mind this is just a website maintained by the SSA, and as such is simply its version of the applicable laws, regulations and court holdings. As such, you should really consult counsel who is knowledgable in these areas. Sorry I can't be more helpful.

Mike

Last edited by fmichael; 05-13-2010 at 07:36 PM.
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"Thanks for this!" says:
loretta (05-31-2010), wswells (05-19-2010)