20 C.F.R. § 416.1104

Income we count

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We have described generally what income is and is not for SSI purposes (§ 416.1103). There are different types of income, earned and unearned, and we have rules for counting each. The earned income rules are described in §§ 416.1110 through 416.1112 and the unearned income rules are described in §§ 416.1120 through 416.1124. One type of unearned income is in-kind support and maintenance (shelter), which we value depending on your living arrangement. These rules are described in §§ 416.1130 through 416.1148 of this part. In some situations we must consider the income of certain people with whom you live as available to you and part of your income. These rules are described in §§ 416.1160 through 416.1169. We use all of these rules to determine the amount of your countable income—the amount that is left after we subtract what is not income or is not counted.

[45 FR 65547, Oct. 3, 1980, as amended at 65 FR 16815, Mar. 30, 2000; 70 FR 6345, Feb. 7, 2005; 89 FR 21209, Mar. 27, 2024]
Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1984–2024 · leading case: Crawford v. Div. of Emp. Sec., 376 S.W.3d 658 (Mo. 2012).
Crawford v. Div. of Emp. Sec., 376 S.W.3d 658 (Mo. 2012). “See 20 C.F.R. 416.1104, 1120-1121. Crawford argues that it would be absurd and improper to allow a state to determine retroactively that a claimant is ineligible for unemployment benefits after *662 the claimant’s SSDI benefits already have been reduced because of the receipt of…”
Alfred L. Jacques v. United States R.R. Ret. Bd., & the United States Gov't, 736 F.2d 34 (2d Cir. 1984). “20 C.F.R. §§ 416.1104 , 416.1121. Thus, given the very low income level at which an individual ceases to be eligible for SSI, Jacques will most probably lose his SSI benefits if he is awarded the annuity that he seeks.”
Calef Ex Rel. Calef v. Barnhart, 309 F. Supp. 2d 425 (E.D.N.Y 2004). “20 C.F.R. § 416.1104 . The deemed income may be earned or unearned income.”
McDermott ex rel. Skye v. Sec'y of Health & Human Servs., 612 F. Supp. 202 (W.D.N.Y. 1985). “20 C.F.R. § 416.1104 . Earned income includes, among other things, wages.”
Mbongo v. Kijakazi (D. Maryland 2022). · cites it 2× “See 20 C.F.R. § 416.1104 ; see also 20 C.F.R.”
Bloodsaw v. Sullivan, 783 F. Supp. 227 (E.D. Pa. 1992). “20 C.F.R. § 416.1104 . In his Report and Recommendation the Magistrate Judge found that the Secretary applied 20 C.”
Ragsdale v. Apfel, 999 F. Supp. 814 (E.D. Va. 1998). “20 C.F.R. §§ 416.1104 , 416.1120 (1997). The provision of in-kind support and maintenance to SSI recipients is valued by the Agency through application of one of two regulatory calculations.”
Lak v. Lak (Cal. Ct. App. 2020). “” ( 20 C.F.R. § 416.1104 .) 17 The fourth element, clarifies the burden is on the obligor to provide proof of eligibility and proof of receipt of SSI/SSDI benefits.”
Kevin N. v. Tara L. (2024). “See 20 C.F.R. § 416.1104 (explaining the types of income, whether they are counted, and how certain types of income could reduce an individual’s SSI award): 20 C.”
Blake v. Soc. Sec. Admin. Comm'r (D. Me. 2019). “20 C.F.R. § 416.1104 . Earned income includes salaries, commissions, bonuses, severance pay, and any other special payments received because of an individual’s employment.”
Young v. Barnhart, 415 F. Supp. 2d 823 (M.D. Tenn. 2006). “In reaching that conclusion, the Magistrate observed that the distinction between earned and unearned income is drawn in several places in the disability regulations, particularly in the entitlement provisions of Title XVI (Supplemental Security Income), 20 C.F.R. §§ 416.1104 ,…”
Est. of Palmer v. Dep't of Pub. Aid, 760 N.E.2d 80 (Ill. App. Ct. 2001). “20 C.F.R. § 416.1104 (1999). The larger an individual’s income, whether earned or unearned, the smaller the Medicaid payment that will be made to an institution on the individual’s behalf.”
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