C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED › Subpart L—Resources and Exclusions

20 C.F.R. § 416.1205

Limitation on resources

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(a) Individual with no eligible spouse. An aged, blind, or disabled individual with no spouse is eligible for benefits under title XVI of the Act if his or her nonexcludable resources do not exceed $1,500 prior to January 1, 1985, and all other eligibility requirements are met. An individual who is living with an ineligible spouse is eligible for benefits under title XVI of the Act if his or her nonexcludable resources, including the resources of the spouse, do not exceed $2,250 prior to January 1, 1985, and all other eligibility requirements are met.

(b) Individual with an eligible spouse. An aged, blind, or disabled individual who has an eligible spouse is eligible for benefits under title XVI of the Act if their nonexcludable resources do not exceed $2,250 prior to January 1, 1985, and all other eligibility requirements are met.

(c) Effective January 1, 1985 and later. The resources limits and effective dates for January 1, 1985 and later are as follows:

Effective dateIndividualIndividual and spouse
Jan. 1, 1985$1,600$2,400
Jan. 1, 19861,700$2,550
Jan. 1, 19871,800$2,700
Jan. 1, 19881,900$2,850
Jan. 1, 19892,000$3,000
[50 FR 38982, Sept. 26, 1985]
Notes of Decisions
Cited in 64 cases (12 in the last 5 years), 1982–2026 · leading case: Wisconsin Department of Health & Family Services v. Blumer
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Wisconsin Department of Health & Family Services v. Blumer (2002) scotus · cites it 4× “[5] The CSRA is considered unavailable to the *483 institutionalized spouse in the eligibility determination, but all resources above the CSRA (excluding a small sum set aside as a personal allowance for the institutionalized spouse, currently $2,000, see 20 CFR § 416.1205…”
Washington State Department of Social & Health Services v. Guardianship Estate of Keffeler (2003) scotus · cites it 2× “§§1381-1382; 20 CFR § 416.1205 (c) (2002). *376 Although the Social Security Administration generally pays OASDI and SSI benefits directly, it may distribute them “for [a beneficiary’s] use and benefit” to another individual or entity as the beneficiary’s “ ‘representative payee.”
Lang v. Com., Dept. of Public Welfare (1987) pa · cites it 2× “20 C.F.R. § 416.1205 (a) (1986). A "resource" is defined as "cash or other liquid assets or any real or personal property that an individual .”
Stout v. Clayton (1984) texapp · cites it 2× “1383; 20 C.F.R. 416.1205; and 20 C.F.R. 416.1201.”
Poindexter v. State (2008) ill “20 C.F.R. §416.1205 (2001) . Any and all resources above the CSRA must then be spent before an institutionalized spouse will be eligible for medicaid.”
Peterson v. Willie (1996) ca11 “Medicaid benefits are only available to those meeting the asset test set forth in 20 C.F.R. § 416.1205 . As a result of the settlement, Peterson’s assets greatly exceeded the eligibility limits.”
Reade v. Secretary of the Commonwealth (2015) mass “See also 20 C.F.R. § 416.1205 (2014) (Supplemental Security Income resource limit for individual with spouse is $3,000).”
Alford v. Mississippi Division of Medicaid (2010) miss “The MCCA specifically defines the CSRA as follows: [T]he “community spouse resource allowance” for the community spouse is an amount (if any) by which— (A) the greatest of— (i) $12,000 (subject to adjustment under subsection (g) of this section [which governs inflation]), or, if…”
Pennsylvania Trust Co. v. Dorel Juvenile Group, Inc. (2011) paed “1996) (noting that plaintiffs muttimillion dollar pretrial settlement caused him to be ineligible for Medicaid pursuant to asset test set forth in 20 C.F.R. § 416.1205 ); see also Wong v. Graham, Civ.”
Ross v. Giardi (1996) conn “§ 1382 (a) (3) (B); 20 C.F.R. § 416.1205 (c). That individual would not, however, satisfy the current state medicaid standard allowing the applicant to have resources worth no more than $1600.”
Carrie Hendrick & a. v. New Hampshire Department of Health and Human Services (2016) nh “The requirement that the child have limited income and resources is met when the child has less than a certain amount in assets, 20 C.F.R. § 416.1205 (a), (c) (2015), and “countable income” below the federal financial benefit rate, 20 C.”
Woods v. Shalala (1995) njd · cites it 3× “See 20 C.F.R. § 416.1205 (c). Life insurance policies are defined as liquid resources by 20 C.”
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— 20 C.F.R. § 416.1205(c) — 1 case
Ford v. Iowa Department of Human Services (1993) iowa
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