SSI Title XVI: Disability Welfare Qualification

There are both income and asset limitations for SSI. See, 20 CFR 416.1100 to 416.1266. The income limit is based upon different kinds of amounts, some earned and unearned income can be disregarded to encourage work. There is a “deeming” formula for those who live with the SSI recipient. There is no limitation for SSA to review an SSI recipient’s “income levels” for the “household”.

There are 28 exclusions for “deeming” under 20 CFR 416.1161. Generally the exclusions does not include, for example, a personal injury settlement amount given directly to a person in the household. In order to avoid problems with SSI recipients, if a person in the household obtains a monetary settlement or the SSI recipient will be obtaining a settlement amount then one should seek out an attorney who can advise on a Special Needs Trust.

If you do get issued a SSI Overpayment Notice then a Request for Overpayment Waiver could be viable depending on household income factors, etc.
David W. Magann, Esq.
David W. Magann, PA
813 657 9175
Offices Tampa and Brandon, Florida