Supplemental Security Income
NOTE: The information in this section is subject to change. For the most up-to-date information check the Social Security website at www.ssa.gov or call your local Social Security office.
1. What is Supplemental Security Income?
Supplemental Security Income (SSI) is a federal program under the Social Security Act. The federal government runs the program and pays most of the benefits. The state adds a supplemental benefit, and both are included in the monthly SSI check that recipients receive. The purpose of SSI is to provide a minimum income to low-income people who are 65 or older, blind or disabled.
2. What is the difference between SSI payments and Social Security benefits?
Although SSI payments and Social Security benefits are both made by the same Social Security offices, the two programs are different. SSI provides income maintenance for low-income people who are 65 or over, or who are disabled and cannot work. Social Security is an insurance program.
Social Security benefits are available only to those who pay for the insurance protection it provides. Unlike Social Security, SSI is based on need. SSI does not require anyone to pay into the program in order to be eligible for benefits.
3. Who is eligible for SSI?
To qualify for SSI, you must be at least 65 years old, blind, or disabled. You must also be a U.S. citizen living in the United States, or a legally admitted permanent resident of the United States, or a permanent resident living in this country under a special status such as a refugee. SSI is intended to assist persons in financial need. If your income is more than the limit allowed, you will not be eligible for SSI. The Social Security office or your County Office on Aging can explain limits on income and other resources.
4. What are the benefits?
The basic SSI benefits are monthly cash benefits. Some factors reduce benefits, e.g., living arrangements or monetary assistance from friends or family. Income is measured in three-month periods, or quarters. These quarters end March 31, June 30, September 30, and December 31. All income obtained in a quarter is divided among the three months affecting benefits for each month equally.
5. How can I apply?
Any person has the right to apply for SSI. Although Social Security office workers may claim you are ineligible, they may not prevent you from filing an application. You may file an application at any Social Security office.
6. What if my eligibility changes?
Report any change in your situation to the Social Security office. If an overpayment results from your knowing failure to report a change, a penalty may be assessed. Prompt reporting of changes may avoid overpayment problems. In some cases, prompt reporting may result in benefit increases being received sooner.
7. What if I am overpaid?
An overpayment occurs when a person receives payments for which he or she is ineligible, or which are larger than they should be. Overpayments generally occur when a change in status has been reported, but the next check is sent before the benefit amount can be adjusted. Status changes include hospitalization, death of spouse, change in living arrangements, and additions to resources or income.
The law requires Social Security to try to recover overpayments. To regain payments, Social Security may get the person who was overpaid to agree to an immediate repayment or a repayment schedule; or deduct the amount of the overpayment from future payments; or go to court to recover the amount of the overpayment, plus court costs and fees. Recovery of overpayment affects only future SSI payments. It does not affect payment of regular Social Security disability payments.
Note:Where a person remains SSI eligible, recovery of overpayments will generally be made by deducting the amount from future SSI payments; up to 10 percent of the monthly check may be withheld to recoup the overpayment.
The law allows Social Security, in certain cases, to give up its right to collect an overpayment. If you are overpaid, you have the right to waiver if you were without fault, and if certain conditions apply.
If you offer to repay an overpayment, Social Security must explain your waiver rights. It must do this before it allows you to make any repayment. In fact, Social Security cannot take any action to collect an overpayment until it has first notified you in writing of the total amount owed, the action being taken by Social Security, and the time allowed for bringing an appeal.
8. Can I challenge an overpayment determination?
If Social Security tells you that overpayment has been made and must be repaid, there are two ways you can fight it. You can ask for a reconsideration and waiver. A reconsideration request alleges that a Social Security overpayment claim is incorrect and asks for a review of the finding. A waiver request asks that you not be made to pay the money back even if the finding of overpayment is correct. The reconsideration and/or waiver must be requested within 60 days of the notice of overpayment.
9. What if I receive less than I should?
A change in circumstances could entitle you to more benefits. If this happens and Social Security does not increase the amount of your check as soon as it occurs, it would owe you all benefits that should have been paid. The amount due is called an underpayment. When you receive less than you should, bring the fact to the attention of a claims representative. Proper documentation of the status change must be shown in order to raise benefit levels. There is no time limit on the retroactivity of benefits when an underpayment is discovered.
10. What if I get duplicate checks?
Each SSI check has the words Supplemental Security Income on its face and has the month for which it is intended written plainly on it. If two checks for the same month arrive, do not cash both. Contact the Social Security office immediately and return the extra check.
11. Can I question the decision made on my SSI claim?
A written notice is sent to you when Social Security makes a decision that you are not eligible for SSI checks, that your SSI checks will stop, or that there will be a change in the amount you get. Be sure to read both sides of the notice for important information. If you don’t agree with the decision, you have a right to appeal. You have a right to be represented by a qualified person of your choice when you appeal a decision. An attorney’s advice and representation can be very helpful. All appeals must be filed within 60 days of the date of the decision that you are appealing unless you have a good cause for filing late.
NOTE: The information in this section is subject to change. For the most up-to-date information check the Social Security website at www.ssa.gov or call your local Social Security office.
