Can I be denied Supplemental Security Income

ByChristopher Le
If you live with other people you may be wondering whose income and resources count towards your SSI. Spouse? Parents? Children? Sibling? Boyfriend? Girlfriend? Well, the answer is Maybe. The question that needs to be answered is “Who Do You Live With?”
 

WHO DO YOU LIVE WITH?

I was denied SSI because SSA said that spouse, boyfriend/ girlfriend or partner made too much money?

Spouse You Live With = Spouse’s income and resources DO COUNT if you live together. This is called “deeming”. There are a few exceptions with regards to deeming though.

Spouse You Don’t Live With = If you do not live together (ex. married but separated) their income and assets will not count (unless the separation is only temporary). So if you’ve been separated for many years, since you dont live together, your spouses income wont count. You may need to show proof of living apart though.

Parents of Adult Children = If child is an adult (18+) parent’s income and resources WILL NOT count. It does not matter if you live together or not.

Parents of Minor Children (living together) = Parent’s income, who lives with the child WILL count. This is called “deeming”. There are a few exceptions with regards to deeming.Parents of Minor Children (living apart) = If the parent does not live with the child, that parent’s income or resources WILL NOT count.

Divorced Parents of Minor Children = Parent with primary custody counts. For joint custody, parent who signed up to be representative payee counts. Or parent who became representative payee as part of child support agreement counts.

Siblings = Sibling’s income and resources do not count.

Boyfriend or girlfriend (Common Law or like a marriage) = If you are in a common law marriage or living in a marriage-like arrangement, Social Security (SSA) may treat you as married even if you are not legally married on paper. Texas does recognize common law marriages.

Boyfriend or girlfriend (Not Common Law or not like a marriage) = If you do not hold yourselves out as common law married, then the other person’s finances do not count. For example, if you file tax returns together, have joint bank accounts together, or even have both your names on a house loan, or utility bill, SSA may consider you to be common law married and your boyfriends/girlfriends income may count.

Other relatives such as aunts, uncles, grandparents, etc. = Other relatives do not count. No matter if they live with you or not.

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Christopher Le is the Founder of the Law Offices of Christopher Le. Born and raised in San Antonio, Texas, he became the first Vietnamese American in his family to become an Attorney. He takes pride in representing the working person against big insurance companies and feels that our system of justice guarantees equal rights to all citizens. He also fights for those who are no longer able to work due to a disabling condition file for social security disability benefits. Christopher comes from a hard working family who came to the United States with very little.