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10 Things to Know About SSI

by: Begley Law Group

  1. Benefit.  Supplemental Security Income (SSI) is a federal public benefit administered by the Social Security Administration (SSA).  It provides a monthly benefit in the amount of $994 for an individual and $1,491 for a married couple.  For New Jersey, the monthly supplement for 2026 is $31.25.  There is a concept known as in-kind support and maintenance (ISM).  SSI was originally intended for food, clothing and shelter.  The reduction for food and clothing has been eliminated, so only shelter provided by someone other than the SSI recipient results in an ISM reduction.  The ISM reduction is one-third of the SSI benefit.
  2. Income Limit.  The income limit is basically the amount of the SSI benefit.  However, there is a $20 per month disregard plus a $65 per month earned income disregard.  In addition, one-half of the earned income is non-countable.
  3. Resource Limit.  There is a resource limit of $2,000.
  4. Deeming.  There is deeming from spouse to spouse and parent to child.  Until a child reaches age 18, the income and assets of the parents are considered income and assets of the child.  Therefore, it is often necessary to wait until the child reaches age 18 before becoming eligible.
  5. Transfer of Asset Penalty.  There is a transfer of asset penalty for applicants for SSI.
  6. Lookback Period.  The lookback period is three years.
  7. Penalty Calculation.  The amount transferred is divided by the maximum federal benefit.
  8. Special Needs Trust.  A Special Needs Trust is usually required.
  9. Who Can Collect?  An applicant must be disabled in order to collect SSI.  In addition, the individual must be a U.S. citizen or a national, or a non-citizen in one of certain alien classifications granted by the Department of Homeland Security.  The individual who is subject to an active warrant for deportation or removal does not meet the non-citizen requirement.  The individual must not be absent from the 50 states, the District of Columbia, or the North Mariana Islands for a full calendar month or 30 consecutive days or more.  The individual cannot be confined to hospital or prison at the government’s expense.  The individual must apply for any other program benefits or payments for which he or she may be eligible (i.e., pensions or Social Security benefits).
  10. Determination of Disability.  The Social Security Administration determines disability for the SSI program.