The federal needs-based benefit for people who are aged, blind or disabled and have little income or savings: how it differs from Social Security disability, what counts against it, and how to appeal.
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Supplemental Security Income is a monthly federal payment for people who are 65 or older, blind, or disabled, and who have very limited income and resources. Unlike Social Security Disability Insurance, it does not depend on work history or past payroll taxes; it is funded from general revenue and administered by the Social Security Administration. Adults must meet the same definition of disability as for SSDI, an inability to do substantial gainful activity because of a medically determinable impairment expected to last at least a year or end in death; children are assessed under a separate standard. Some people qualify for both programs at once. In most states, SSI eligibility also brings Medicaid.
Almost everything counts. Earned and unearned income reduce the payment under a formula with some exclusions, and the resource limit, set by statute and not raised for decades, is low; a home, one car and some other items are excluded. Free shelter from someone else, such as living rent-free with family, can reduce the payment. The income and resources of a spouse, or of the parents of a child, can be counted (deemed) as the applicant's. Recipients must report changes promptly, and unreported changes lead to overpayments that SSA will try to recover; a recipient can ask for reconsideration or a waiver if they were not at fault and repayment would be unfair.
Denials, reductions and overpayment decisions can be appealed in the same steps as other Social Security decisions: reconsideration, a hearing before an administrative law judge, review by the Appeals Council, and then federal court. Asking for reconsideration quickly can keep payments going while the appeal is decided. Money that would put a recipient over the limit can sometimes be protected in a special needs trust or an ABLE account. See also Social Security disability appeals.
Many people apply on their own, but a disability lawyer or advocate is worth having for a hearing before an administrative law judge, where representation makes a measurable difference. Representatives' fees in SSI and Social Security disability cases must be approved by SSA and generally come out of past-due benefits, so there is usually no fee unless you win. Legal aid programs often handle SSI overpayment and termination cases at no cost.
Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.
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Other entries in the same area of law, each written from the same primary sources.