Are you or someone close to you considering filing for Supplemental Security Income? SSI offers essential needs-based benefits for many, but before applying, it’s important to understand the qualification process, eligibility criteria, and how the new SSI rules involving in-kind support may affect you. If you live in Pennsylvania and have been searching for an “SSI attorney near me,” let the skilled SSI lawyers at Silver & Silver help. 

 

SSI: The Government Disability Program for Those with Limited Income and Resources

The Social Security Administration manages several critical government programs for those who have paid into the system, including retirement benefits for older adults and disability insurance for those who qualify. 

Social Security also administers assistance to children and adults with limited income and resources who are disabled, blind, or over the age of 65, even if they haven’t previously worked or paid into the Social Security system. This program is known as Supplemental Security Income or SSI. 

Because SSI is purely a needs-based program, there are strict eligibility criteria to qualify for this support. However, a new rule that goes into effect September 30, 2024, may ease some of the burden for those who are already SSI recipients or those trying desperately to qualify for these essential benefits. 

 

What is Supplemental Security Income?

In 1972, Congress created Supplemental Security Income to replace the widely inconsistent state grant programs that historically provided basic resources for disadvantaged, disabled, or low-income older individuals. 

Unlike other Social Security programs, SSI is administered by the Social Security Administration but funded by the United States Treasury. Since its inception, it has provided critical monthly payments to disabled adults and children with little or no income or resources and remains a crucial federal program for disadvantaged individuals. 

 

Qualifying for Supplemental Security Income

Because SSI is based on need, applicants must meet very stringent guidelines to qualify. 

You may qualify for SSI assistance if you:

• Are 65 years of age or older, blind, or disabled
• Have limited resources or assets that fall below SSI’s qualifying thresholds
• Are a United States citizen, national, or noncitizen who meets certain criteria
• Live in one of the fifty states, the District of Columbia, or the Northern Mariana Islands 

To determine eligibility, the Social Security Administration will consider the value of your assets and income. It will also consider any assistance you get from others to help you with the cost of food and living expenses. This assistance, called in-kind support and maintenance (ISM), is considered “unearned income” in the eligibility process.

 

ISM and Your Monthly SSI Payments

When you apply for SSI assistance, the Social Security Administration will conduct a Pre-Effectuation Review Conference (PERC) to determine the SSI benefits you qualify for. You will be asked about your financial and current living situation during this time. 

Even if you are eligible to receive SSI benefits, if you get assistance from others with your rent, mortgage, food, and utilities—your ISM—Social Security will deduct a significant portion from your eligibility. And for many low-income individuals, that is money they can’t afford to lose. 

 

How Your Living Arrangements Affect Your Monthly Benefits

If someone else is paying for all or some of your food and shelter expenses, the value of this assistance will be considered when calculating your monthly payments. 

For instance, your living arrangements can affect your monthly SSI benefits if you:

• Have your own residence, but someone else pays for your housing expenses (including rent, mortgage, real estate taxes, water, sewer, heating fuel, electricity, and garbage services) or your food.
• Live in someone else’s residence, and you pay nothing or less than the market value of your housing expenses or food (Social Security doesn’t recognize bartering services as payment for housing or food).
• Are in a public or private medical facility where Medicaid pays over half the cost.
• Are in a nursing home where Medicaid pays over half the cost.

Conversely, these deductions won’t apply to you if:

• You live alone and pay for your own food and shelter.
• You live with a spouse and/or your minor children, and nobody else outside the household pays for your food or shelter.
• You live with others and pay your market-value share of food and shelter expenses.

The bottom line is that any outside assistance you currently get for food or shelter factors into what you can receive in government benefits, reducing your monthly payments substantially.

 

How Can SSI Recipients Benefit from Changes to ISM Calculations?

SSI is intended to support individuals with the least resources, and the qualifying criteria were developed to be especially stringent to ensure benefits go to those who need it most. However, under its current guidelines, SSI recipients have had to report all wage or income changes or any other adjustments in resources or living arrangements to the administrative office each month they occur. Recipients must also report any changes in their food-related support each month or risk losing their benefits. 

Food costs and sources are highly variable, and estimating their value can be challenging. Consequently, these program requirements have become cumbersome and unrealistic for recipients and administrators. Fortunately, changes to ISM calculations concerning food support beginning in September of this year will simplify the process and remove a critical barrier to eligibility, allowing more recipients to access these essential benefits. 

This new rule is the first of several anticipated updates to SSI regulations. Current and future restructuring of SSI policies aims to reduce overwhelming administrative burdens, make policies more straightforward to comprehend, and help individuals applying for and receiving SSI get the desperately needed benefits. 

 

Do You Have Additional Questions About SSI?

Needless to say, understanding and navigating the SSI eligibility process can be challenging. If you have additional questions about SSI and whether you qualify, let us help. The experienced SSI lawyers at Silver & Silver can help you make sense of this critical government program and its eligibility requirements. Call us at (610) 638-7255 or schedule a free consultation through our online contact form.

 

Disclosure:

This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.