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  • Christopher Le

I was denied SSI because SSA said that spouse, boyfriend/ girlfriend or partner made too much money?

Can I be denied Supplemental Security Income (SSI) because my spouse, partner or family member makes too much money?


Do the People I Live With, Affect My Ability to Receive SSI?

If you live with other people you may be wondering whose income and resources count towards your SSI. Spouse? Parents? Children? Sibling? Boyfriend? Girlfriend? Well, the answer is Maybe. The question that needs to be answered is "Who Do You Live With?"


WHO DO YOU LIVE WITH?

Spouse You Live With = Spouse’s income and resources DO COUNT if you live together. This is called “deeming”. There are a few exceptions with regards to deeming though.


Spouse You Don’t Live With = If you do not live together (ex. married but separated) their income and assets will not count (unless the separation is only temporary). So if you've been separated for many years, since you dont live together, your spouses income wont count. You may need to show proof of living apart though.


Parents of Adult Children = If child is an adult (18+) parent’s income and resources WILL NOT count. It does not matter if you live together or not.


Parents of Minor Children (living together) = Parent's income, who lives with the child WILL count. This is called “deeming”. There are a few exceptions with regards to deeming.


Parents of Minor Children (living apart) = If the parent does not live with the child, that parent’s income or resources WILL NOT count.


Divorced Parents of Minor Children = Parent with primary custody counts. For joint custody, parent who signed up to be representative payee counts. Or parent who became representative payee as part of child support agreement counts.


Siblings = Sibling’s income and resources do not count.


Boyfriend or girlfriend (Common Law or like a marriage) = If you are in a common law marriage or living in a marriage-like arrangement, Social Security (SSA) may treat you as married even if you are not legally married on paper. Texas does recognize common law marriages.


Boyfriend or girlfriend (Not Common Law or not like a marriage) = If you do not hold yourselves out as common law married, then the other person’s finances do not count. For example, if you file tax returns together, have joint bank accounts together, or even have both your names on a house loan, or utility bill, SSA may consider you to be common law married and your boyfriends/girlfriends income may count.


Other relatives such as aunts, uncles, grandparents, etc. = Other relatives do not count. No matter if they live with you or not.



EXCEPTIONS!


For Disabled Adults (Age 18+)

Your live-in spouse:

  1. All of their income can affect you

Other’s people money will normally not affect you, unless the person is:

  1. Paying for or giving you free rent, mortgage, utilities, or food. Even if you get a discount in rent, that may also be counted.

  2. Giving you money

  3. Sharing a bank account or if you share a credit card, car title, business with someone else.

For Disabled Children (under 18)

Parent who lives in the home:

  • Any income to any parent who lives in the home may impact their check.

Other people’s money won’t impact SSI, unless that person is:

  • Paying for rent, mortgage, utilities, or food for you or for the child on SSI.

  • Giving free or discounted rent, mortgage, utilities, or food for you or for the child on SSI

  • Giving money for you or for the child on SSI.

  • Sharing a bank account or if you share a credit card, car title, business with someone else. Or even if your childs name is on a shared account with someone else, this could affect you.

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