Supplemental Security Income (or SSI) is a monthly stipend provided to aged (legally deemed to be 65 or older), blind, or disabled persons based on need, paid by the United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language Government A government is the organization, or agency through which a political unit exercises its authority, controls and administers public policy, and directs and controls the actions of its members or subjects.[1] The program is administered by the Social Security Administration The United States Social Security Administration is an independent agency of the United States federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for these benefits, most American workers pay Social Security taxes on their earnings; future.[2] Payments are made from the US Treasury general funds The Department of the Treasury is an executive department and the treasury of the United States federal government. It was established by an Act of Congress in 1789 to manage government revenue. The Department is administered by the Secretary of the Treasury, who is a member of the Cabinet,[3] not the Social Security trust funds The Social Security Trust Fund is the means by which the federal government of the United States accounts for excess paid-in contributions from workers and employers to the Social Security system that are not required to fund current benefit payments to retirees, survivors, and the disabled or to pay administrative expenses. More importantly, the. The payments are generally paid on the first of the month for the current month (as opposed to social security benefits which are paid for the prior month).[4] The program was created in 1974 to replace various state-administered programs which served the same purpose, as a way to standardize in the level of benefits[5] through the addition of Title XVI (Title 16) of the Social Security Act Social Security in the United States currently refers to the federal Old-Age, Survivors, and Disability Insurance program.[6]
Contents |
History
The legislation creating the program was a result of President Nixon's effort to reform the nation's welfare programs. At that time, each state had similar programs under the Aid to the Blind, Aid to the Permanently and Totally Disabled, and Aid to the Elderly. The Nixon Administration thought these programs should be federalized and run by the Social Security Administration. Thus, SSI was created to eliminate the differences between the states including different disability standards and income and resources requirements which many perceived as irrational and/or unfair. The SSI program officially began in January 1974 by federalizing states' programs, designating the Social Security Administration (SSA) to administer the SSI program. SSA was selected because it had been administering a nationwide disability program under the Social Security Disability Insurance Benefits (DIB) program since 1956 under the Old Age, Survivors, and Disability Insurance (OASDI) programs associated with FICA payroll taxes.
Eligibility
In order to be eligible to receive SSI benefits, an individual must prove the following:[7]
- They are 65 or older, blind, or disabled.
- They legally reside in one of the 50 states, the District of Columbia Washington, D.C. , formally the District of Columbia and commonly referred to as Washington, the District, or simply D.C., is the capital of the United States, founded on July 16, 1790. The City of Washington was originally a separate municipality within the Territory of Columbia until an act of Congress in 1871 effectively merged the City and the, Northern Mariana Islands The Northern Mariana Islands has a population of 80,362 . The official 2000 census count was 69,221. More than 90% of the Commonwealth's population lives on the island of Saipan. Of the fourteen other islands, only two, Tinian and Rota, have a significant population. The islands of Agrihan and Alamagan have fewer than ten residents, and the, or are the child of military parent(s) assigned to permanent duty outside of the US, or are a student (certain restrictions apply) temporarily abroad.
- They have income and resources within certain limits (see subsections).
- They have applied for the benefits.
Furthermore, an individual may find themselves ineligible if they are a resident of a public institution from the first day of a month through the last day of the same month,[8] fails to apply for all other benefits for which they may be eligible (including Social Security benefits), has an unsatisfied warrant Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which commands an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed or violates parole Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole, meaning " word". Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their word of honor to abide by conditions, fails to give SSA permission to contact any financial institution for financial records, or is outside the US for 30 consecutive days (with some exclusions).[7] Numerous restrictions have been placed on who is eligible for the benefit, which is considered a welfare benefit. However, unlike social security benefits (Title II), earned work credits are not a requirement for SSI.[9]
If insured for disability and not currently receiving benefits, an applicant for SSI also applies for Social Security Disability Insurance Benefits (DIB), and the standard by which applicants are judged to be disabled is virtually the same for both SSI and DIB
The decision as to whether an individual is disabled is made by the various state Disability Determination Services Disability Determination Services, commonly called DDS, are state agencies, funded by the United States Federal Government. Their purpose is to make disability findings for the Social Security Administration (DDS), which contract with the federal government to make such determinations. Although the DDS's are state agencies, they follow federal rules. This arrangement arose from the inception of OASDI, when some key members of Congress considered the Social Security Disability program should be administered employing federalism, fearing expansion of the federal government.
Aged, Disabled, or Blind
In order to be eligible for SSI, a person must meet the definition of being aged, disabled, or blind.
Aged - Being deemed aged consists of attaining the age of 65 or older.[7] The Social Security Administration, like the United States Government in general, follows English common law Common law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different and considers a person to attain an age the day before their birthday.[10]
Disabled - Being deemed disabled consists of meeting the general disability definition used by the Social Security Administration:
"Disability means inability to engage in any SGA [significantly gainful employment] by reason of any medically determinable physical or mental impairment which can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than 12 months.
"The 1967 amendments specified that workers shall be determined to be under a disability only if the physical or mental impairment or impairments are of such severity that the individual is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy. This is regardless of whether any of these are true:
- Such work exists in the immediate area in which the claimant lives.
- A specific job vacancy exists.
- The claimant would be hired if they applied for work.
"The statute also specifies that 'work which exists in the national economy means work which exists in significant numbers either in the region where such individuals lives or in several regions of the country.'"[11]
Substantial gainful activity (SGA), for the year 2008, is the ability to earn $940 gross income in a month's period for most disabled individuals, and $1570 for those whose disability includes blindness.[12]
In addition, children under the age of 18 can be determined to be disabled for SSI purposes "if the individual has a medically determinable impairment or combination of impairments that causes marked or severe functional limitation(s), and can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than 12 months."[13]
Blind - Being deemed blind consists of meeting the following definition:
"central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which has a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees should also be considered as having a central visual acuity of 20/200 or less."[13]
In addition, for SSI purposes, an individual is considered blind regardless of the period of time they are expected to be blind or if they are performing substantial gainful activity.[13]
Income
One of the requirements to receive SSI is that the individual's income must be below certain limits.[14] These limits may vary based on the state the individual lives in, his/her federal living arrangement, the number of people living in the residence, and the type of income. The limit varies on all of these factors and is described in the below section on benefit computation.
Resources
Another requirement for SSI is that the individual's resources are below a certain limit. Generally, this amount is $2,000 for a single individual and $3,000 for an individual and their spouse (whether the spouse is eligible for SSI or not).[15] However, conditional benefits may be paid if a substantial portion of the resources are considered non-liquid, resources that cannot be sold within 20 working days,[16] if they agree to sell the resources at their current market value within a specified period and repay the money after the non-liquid property is sold.[17]
However, not all actual resources are counted in calculating an individual's or couple's resources for SSI purposes.[18]
The resource limits were originally set at $1500 for an individual and $2500 for couples in 1974[citation needed], and were not linked to inflation. In 1987 the limits were raised to $1800/$2700, in 1988 to $1900/$2850 and in 1989 to $2000/$3000 [19]. Under current law they will remain at present levels indefinitely.
Residency
SSI benefits are not paid solely to US citizens, but may also be paid to aliens legally residing in the United States.[7] Conversely, citizens may find themselves ineligible because they do not currently reside within the United States;[20] exceptions apply for children of military parent(s) who were born overseas, were disabled or became blind overseas, or first applied for benefits overseas[21] and for students studying abroad who were eligible for SSI in the month prior to leaving the US, whose absence will be for less than 1 year, and who are studying to enhance their ability to perform substantial gainful activity, sponsored by an educational institution in the US, and would not be available to the individual in the US.[22] Several restrictions apply to the eligibility of aliens however. These include being in a "qualified alien" category and meeting an exception condition.[23]
There are seven categories of qualified aliens based on Department of Homeland Security The United States Department of Homeland Security is a Cabinet department of the United States federal government with the primary responsibilities of protecting the territory of the U.S. from terrorist attacks and responding to natural disasters (DHS) immigration statuses. This includes:[24]
- those admitted as Lawfully admitted for permanent residence (LAPR)
- those granted conditional entry pursuant to section (a)(7) of the Immigration and Nationality Act Categories: United States federal immigration and nationality legislation (INA)
- those paroled into the US under section 212(d)(5) of the INA for a period of at least 1 year
- those who are refugees Under the United Nations Convention Relating to the Status of Refugees from 1951, a refugee is a person who , "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such admitted to the US under section 207 of the INA
- those granted asylum under section 208 of the INA
- those whose deportation is being withheld under sections 243(h) or 241(b)(3) of the INA
- Cuban The Republic of Cuba (pronounced /ˈkjuːbə/ ; Spanish: República de Cuba, pronounced [reˈpuβlika ðe ˈkuβa] ( listen)) is an island country in the Caribbean. It consists of the island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second/Haitian Haiti (pronounced /ˈheɪti/ ; French Haïti, pronounced: [a.iti]; Haitian Creole: Ayiti, Haitian Creole pronunciation: [ajiti]), officially the Republic of Haiti (République d'Haïti ; Repiblik Ayiti) is a Caribbean country. Along with the Dominican Republic, it occupies the island of Hispaniola, in the Greater Antillean archipelago. Ayiti (land entrants under section 501(e) of the Refugee Education Assistance Act of 1980.
There are 5 exception conditions. These include:[25]
- having already been receiving SSI on 8/22/1996
- having 40 qualifying credits (using SSI as a supplement to Retirement or Disability Insurance Benefits) when in LAPR status
- being a veteran, active duty member of the U. S. military service, or being the spouse or dependant child of an individual who is
- having been lawfully residing in the US on 8/22/1996 and being blind and disabled (excluding aged individuals)
- being deemed an alien of one of five immigration statuses within 7 years of being eligible for SSI
Benefit details
Payments for SSI are made for the first day of the month, unless the first of the month is on a Weekend or a legal holiday, in which case the payment is made on the first day prior that is not a weekend or a legal holiday. The minimum benefit is $1 (USD).[26]
The SSI program, or Title XVI of the Social Security Act, provides monthly federal cash assistance of up to $674 (as of 2009[update]) for an individual to help meet the costs of basic needs of food, shelter and clothing. In most states, SSI eligibility usually assures concurrent access to important medical coverage under the various state Medicaid Medicaid is the United States health program for eligible individuals and families with low incomes and resources. It is a means tested program that is jointly funded by the state and federal governments, and is managed by the states. Among the groups of people served by Medicaid are certain eligible U.S. citizens and resident aliens, including programs and sometimes access to Section 8 The Housing Choice Voucher Program is a type of Federal assistance provided by the United States Department of Housing and Urban Development dedicated to sponsoring subsidized housing for low-income families and individuals. It is more commonly known as Section 8, in reference to the portion of the U.S. Housing and Community Development Act of 1974 housing benefits. In some states, supplemental payments are made by the state, increasing the cash assistance available through SSI. For example, the state of California increases the cash assistance by up to $233 per month as of 2007.
SSI takes into consideration what the income and resources the applicant or recipient has. Persons who have qualified for Social Security disability benefits, may receive SSI during the 5-month waiting period, if they meet the income and resource requirements. The resource limit, for single individuals, is $2000 and for married individuals, is $3000. Resources include anything that is cash or can be turned into cash, such as art, mineral rights Ownership of mineral rights is an estate in real property. It is the right of the owner to exploit, mine, and/or produce any or all of the minerals lying below the surface of the property. The five elements of a mineral interest are:, stocks or other investments, or real property. In some situations, however, these resources can be excluded. SSI benefits are generally reduced dollar-for-dollar by any unearned income, such as TANF, alimony Alimony is an obligation to provide financial support to one's spouse after separation or divorce. It is established by divorce law or family law in many countries and is based on the premise that both spouses have an absolute obligation to support each other during their marriage (or civil union known as common-law marriages). Alimony is the, unemployment insurance Unemployment benefits are payments made by the state or other authorized bodies to unemployed people. It may be based on a compulsory para-governmental insurance system. Depending on the jurisdiction and the status of the person, those sums may be meager, covering only basic needs , or may compensate the lost pay somewhat proportionally to the, Social Security Disability or Retirement benefits. Earned income, from wages or self-employment, is treated differently, and more favorably. In other words, a person may be ineligible if they receive $750 per month in alimony, but may not be if $750 per month is received from working. It is permissible, subject to regulations, to work and continue to receive SSI. Even if a person no longer receive SSI payments because their wage or self-employment income is too high, they may still be eligible for receive Medicaid under so-called 1619 Year 1619 was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Friday of the 10-day slower Julian calendar) provisions. SSI also takes into consideration the income of so-called "deemors," i.e., a spouse lives with the recipient, a parent or parents if they live with a child recipient under the age of 18, or, in some cases, the sponsor of an alien.
SSI is not retroactive, unlike Social Security disability. Social Security determines the month you have protected for an SSI application by the date of your intent to file, so long as it is expressed to Social Security and an application is filed within 60 days. You may call Social Security toll-free to set up a disability interview. You cannot currently file online for SSI. However, you may apply for DIB online and add SSI application via a phone appointment. If you call the last day of the month, and the interview is set for the second week of the proceeding month, your SSI eligibility will still go back to the month you actually called and set up the appointment. Medicaid benefits usually start the first month in which you qualify both medically and financially, although actual SSI payments do not start until the next month. For example, a person calls in to set up an appointment for February. January remains the month application, however, no benefits are paid during the application month.
If you are an immigrant you must have been a legal resident of the United States before the Welfare Reform Act of 1996 took effect (August 22, 1996) in order to qualify for SSI. If you arrive after that date you may not qualify and be denied by SSI benefis. However, the regulations governing alien eligibility for SSI are complex and contain many exceptions, for instance asylee, refugees, spouses of a member of the military or some lawfully admitted for permanent residence (LAPR)may be "qualified aliens" so if you are an LAPR for at least 5 years and have a valid I-551 issued by Bureau of Citizenship and Immigration and have worked in the United States as well you may qualify. If you want to know if you might qualify for SSI, you should contact the Social Security Administration for an appointment.
Any month that you are a fugitive felon, that is have an outstanding or unsatisfied warrant, you are ineligible for benefits, in most states. A recent court decision somewhat mitigated this rule, in some northeastern states. If you are incarcerated for an entire calendar month, you are ineligible for benefits. If you are in a medical facility, paid for by Medicaid (at least 50%), your payment may be reduced to $30.
Calculation
Calculation of an SSI benefit begins with the Federal Benefit Rate (FBR). The FBR for 2008 is $674.00.[27]
Federal Living Arrangements
| This section requires expansion. |
Deeming Income
| This section requires expansion. |
Potential Residual Benefits to Other Programs
| This section requires expansion. |
- Qualified Medicare Beneficiaries (QMB)
See also
- Social Security (United States) In the United States, Social Security refers to the federal Old-Age, Survivors, and Disability Insurance program
- Social Security Disability Insurance Social Security Disability Insurance is a payroll tax-funded, federal insurance program of the United States government. SSDI, managed by the Social Security Administration, is designed to provide income to people who are unable to work because of a disability. SSDI is intended to be provided until their condition improves, and is intended to
- Income Support Income Support is an income-related means-tested benefit in the United Kingdom for people who are on a low income. Claimants of Income Support may be entitled to certain other benefits, for example, Housing Benefit, Council Tax Benefit and help with health costs. A person with savings over £16,000 cannot get Income Support and savings over £6,000, a similar program operated in the United Kingdom
- Richardson v. Perales
Notes
- ^ (SSA "Supplemental Security Income (SSI)" p. 2)
- ^ (SSA "Teleservice Representative Basic Training Curriculum: Supplemental Security Income" p. 5)
- ^ (SSA "Supplemental Security Income (SSI)" p. 2)
- ^ (SSA "Teleservice Representative Basic Training Curriculum: Supplemental Security Income" p. 27)
- ^ (SSA "Teleservice Representative Basic Training Curriculum: Supplemental Security Income" p. 7)
- ^ (SSA "Teleservice Representative Basic Training Curriculum: Supplemental Security Income" p. 27)
- ^ a b c d (SSA POMS SI 00501.001)
- ^ (SSA POMS SI 00520.001)
- ^ (SSA "Teleservice Representative Basic Training Curriculum: Supplemental Security Income" p. 9)
- ^ (SSA POMS RS 00615.015)
- ^ (SSA POMS DI 10105.065)
- ^ (SSA POMS DI 10501.015)
- ^ a b c (SSA POMS DI 11055.005)
- ^ (SSA POMS SI 00810.001)
- ^ (SSA POMS SI 01110.003)
- ^ (SSA POMS SI 01110.300)
- ^ (SSA POMS 01150.200)
- ^ (SSA POMS SI 01110.210)
- ^ http://www.socialsecurity.gov/OP_Home/handbook/handbook.21/handbook-2166.html
- ^ (SSA POMS SI 00501.410)
- ^ (SSA POMS SI 00501.415)
- ^ (SSA POMS SI 00501.411)
- ^ (SSA POMS SI 00502.100)
- ^ (SSA POMS SI 00502.100A.2)
- ^ (SSA POMS SI 00502.100A.3)
- ^ (SSA POMS SI 02001.005)
- ^ (SSA POMS SI 02001.020)
References
- 'Social Security Administration (SSA)'. "SSA's Program Operations Manual System (POMS)". https://s044a90.ssa.gov/apps10/poms.nsf/partlist!OpenView. Accessed March 27, 2007. Note: this is the public version of POMS, the internal version is not available to the public
- 'Social Security Administration (SSA)'. "Supplemental Security Income (SSI)". Publication No. 05-11000. August 2005.
- 'Social Security Administration (SSA)'. 'Teleservice Representative Basic Training Curriculum: Supplemental Security Income'. Publication No. 25-1560. April 2006.
External links
Categories: Federal assistance in the United States | Medicare and Medicaid (United States) | Social Security (United States)
|
unknown
Wed, 12 May 2010 01:40:07 GM
The family got some Social Security benefits from the . Supplemental Security Income. program for several years. "It was maybe $80 to $250 a month," Leavey said. The amounts varied because of her husband's income, he earns both a salary ...
