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

20 C.F.R. § 416.202

Who may get SSI benefits

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You are eligible for SSI benefits if you meet all of the following requirements:

(a) You are—

(1) Aged 65 or older (subpart H);

(2) Blind (subpart I); or

(3) Disabled (subpart I).

(b) You are a resident of the United States (§ 416.1603), and—

(1) A citizen or a national of the United States (§ 416.1610);

(2) An alien lawfully admitted for permanent residence in the United States (§ 416.1615);

(3) An alien permanently residing in the United States under color of law (§ 416.1618); or

(4) A child of armed forces personnel living overseas as described in § 416.216.

(c) You do not have more income than is permitted (subparts K and D).

(d) You do not have more resources than are permitted (subpart L).

(e) [Reserved]

(f) You are not—

(1) Fleeing to avoid prosecution for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which you flee (or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that State);

(2) Fleeing to avoid custody or confinement after conviction for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which you flee (or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that State); or

(3) Violating a condition of probation or parole imposed under Federal or State law.

(g) You file an application for SSI benefits (subpart C).

[47 FR 3103, Jan. 22, 1982, as amended at 58 FR 4897, Jan. 19, 1993; 60 FR 8149, Feb. 10, 1995; 61 FR 10277, Mar. 13, 1996; 65 FR 40495, June 30, 2000; 91 FR 16830, Apr. 3, 2026]
Notes of Decisions
Cited in 165 cases (86 in the last 5 years), 1983–2026 · leading case: Ja'vonce Warre, on Behalf of E.T. Iv, a Minor Child v. Commissioner of the Social Security Administration
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Ja'vonce Warre, on Behalf of E.T. Iv, a Minor Child v. Commissioner of the Social Security Administration (2006) ca9 “See 20 C.F.R. § 416.202 (to qualify for SSI benefits, claimant must not have more income or resources than are permitted).”
Marie McDaniel v. Otis R. Bowen , Secretary of Health and Human Services (1986) ca11 “20 C.F.R. § 416.202 . 3 . Many applicants for supplemental security income have no previous work experience that would constitute a "former occupation.”
Loisel v. Rowe (1995) conn “, 20 C.F.R. § 416.202 (1994) (eligibility standards for SSI require disability, not simply lack of resources); and, even if other plaintiffs do receive SSI, many may not receive such benefits retroactive to a date preceding their general assistance applications.”
Stevens v. Astrue (2012) ohsd · cites it 2× “§ 1382 (a); 20 C.F.R. § 416.202 . Eligibility is dependent upon disability, income, and other financial resources.”
Matter of O'Sullivan v. Schebilski (2016) nyappdiv “disabled and who do not have sufficient income and resources to maintain a standard of living at the established [flederal minimum income level” (20 CFR 416.”
Marcia REED, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Appellee (1993) ca8 “See 20 C.F.R. § 416.202 (1990). Counsel for the Secretary conceded this fact at oral argument.”
Adoption of Lenore (2002) massappct “20 C.F.R. § 416.202 (a)(3) (2001). “The law defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last…”
Lawson v. Astrue (2010) ohsd · cites it 2× “20 C.F.R. § 416.202 . To establish disability, plaintiff must demonstrate a medically determinable physical or mental impairment that can be expected to last for a continuous period of not less than twelve months.”
Janice Sprandel v. Secretary of Health and Human Services (1988) ca1 · cites it 2× “See 20 C.F.R. § 416.202 (c). His status as an eligible spouse was due to the fact that he was categorically an “aged” person, over 65 years of age, and was married to another categorically eligible (disabled) individual.”
Barnes v. Department of Human Services (2010) miss · cites it 2× “20 C.F.R. § 416.202 (2009). The Act defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months.”
18 soc.sec.rep.ser. 65, Medicare&medicaid Gu 36,369 Raymon and Joann Lynch v. William Dawson, Defendants-Third Party and (1987) ca3 · cites it 2× “20 C.F.R. § 416.202 (1986). Subpart K of the SSI regulations describes how the Secretary “count[s] income” for purposes of SSI eligibility.”
Jakubiak v. Berryhill (2018) dcd “20 C.F.R. 416.202(g). It should be noted that the ALJ could have reasonably found a less restrictive RFC.”
Show all 165 citing cases →
— 20 C.F.R. § 416.202(g) — 2 cases
Jakubiak v. Berryhill (2018) dcd “20 C.F.R. 416.202(g). It should be noted that the ALJ could have reasonably found a less restrictive RFC.”
Jakubiak v. Colvin (2018) mad
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