You are eligible for supplemental security income (SSI) benefits if you are an aged, blind, or disabled person who meets the requirements described in subpart B and who has limited income and resources. Thus, the amount of income you have is a major factor in deciding whether you are eligible for SSI benefits and the amount of your benefit. We count income on a monthly basis. Generally, the more income you have the less your benefit will be. If you have too much income, you are not eligible for a benefit. However, we do not count all of your income to determine your eligibility and benefit amount. We explain in the following sections how we treat your income for the SSI program. These rules apply to the Federal benefit and to any optional State supplement paid by us on behalf of a State (§ 416.2025) except as noted in subpart T and in the Federal-State agreements with individual States. While this subpart explains how we count income, subpart D of these regulations explains how we determine your benefits, including the provision that we generally use countable income in a prior month to determine how much your benefit amount will be for a month in which you are eligible (§ 416.420).
[50 FR 48573, Nov. 26, 1985]
Notes of Decisions
Florence Paxton v. Sec'y of Health & Human Servs., 856 F.2d 1352 (9th Cir. 1988).
· cites it 2× “Subpart K of the SSI regulations, 20 C.F.R. §§ 416.1100 to 416.1182, contains thirty-two pages of rules explaining what is counted and what is not counted as income.”
McDannel v. Apfel, 78 F. Supp. 2d 944 (S.D. Iowa 1999).
“See 20 C.F.R. §§ 416.1100 et seq. and 416.1201 et seq.”
Johnson v. Comm'r of Soc. Sec., 398 F. App'x 727 (3rd Cir. 2010).
“While both provide benefits to disabled persons, under SSI, eligibility for benefits and the amount of benefits is based on financial need, 20 C.F.R. § 416.1100 , whereas, for SSDI, eligibility and the amount of benefits are based on credits earned for prior Social Security…”
Elsenheimer v. Elsenheimer, 2004 Cal. Daily Op. Serv. 11160 (Cal. Ct. App. 2004).
“Eligibility for SSI is based on a person’s status as aged, blind, or disabled and how much income the person has from other sources. ( 20 C.F.”
Danielle Gordon v. Donna E. Shalala, Sec'y of Health & Human Servs., 55 F.3d 101 (2d Cir. 1995).
“§ 1382 (b); 20 C.F.R. §§ 416.1100 and 416.1104. Such income is anything that the SSI recipient receives in cash or in kind that can be used to meet his or her needs for food, clothing and shelter, thus obviating, in part at least, the use of SSI funds for these purposes.”
Ava P. Trahan v. Donald T. Regan, Sec'y of the Treasury, 824 F.2d 96 (D.C. Cir. 1987).
“§ 1382 ; 20 C.F.R. §§ 416.1100 -.1266 (1986). Regulations prescribed by SSA require Benefits recipients to supply the agency with the evidence necessary to prove eligibility and with any information that the agency requests.”
Roach v. Morse, 440 F.3d 53 (2d Cir. 2006).
“§ 1382 ; 20 C.F.R. § 416.1100 . With certain exceptions not relevant here, resources for purposes of SSI include “cash and any other personal property, as well as any real property, that an individual (or spouse, if any) owns.”
Glasgold v. Sec'y of Health & Human Servs., 558 F. Supp. 129 (E.D.N.Y 1982).
“Additionally, 20 CFR § 416.1100 et seq. lists numerous other exclusions from earned and unearned income that will not result in a lesser grant.”
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