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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20030
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I receive SSI, I'm legally blind, I married in 2013 and now

Customer Question

Hello, I receive SSI, I'm legally blind, I married in 2013 and now SSI is deducting more and more from my check because my wife apparently makes to much money.
My question is if she were to move out but not get divorced would SSI restore my check?
Also if she moves out do you think they will investigate to see if she actually did move out? Like talk to her family and ask questions?
Thanks,
Jason
Submitted: 7 months ago.
Category: Legal
Expert:  Marsha411JD replied 7 months ago.

Hello,

Thank you for the information and your question. I can understand your frustration with the system as I had a similar experience with my son's SSI many years ago. However, as long as your married, regardless of where your wife says she lives, part of her income will always be deemed "household" income. So, her moving out is not an option to address the household income issue.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating of my efforts to explain the law to you in the ratings box above, I will receive credit for my work today. Thank you

Customer: replied 7 months ago.
Hello again, I have another question, if we got divorced and told SSI that we decided to remain roommates would that work?
I had asked someone at SSI basically the same question and they told me that SSI would still consider us together even if we got divorced. But I'm not sure because everyone that I speak to at SSI gives me a different answer.
Thanks
Expert:  Marsha411JD replied 7 months ago.

Thank you for your reply. Unfortunately, the information you received from the agency is correct. In other words, anyone that lives with you has some of their income deemed "household" income, even roommates. You have to account for everyone living in the house and there has to be proof that they cannot work and have no other source of income for their to be no deemed income from them to count. It is a tough situation and I know the threshold is very low.

Customer: replied 7 months ago.
Hello again, actually my mother used to live with me and she received social security and they didn't penalize either one of us.
Thanks
Expert:  Marsha411JD replied 7 months ago.

You're welcome. I want to make sure you understand the law though, so that you are not surprised by an overpayment or fraud investigation as a result of not reporting all household information. First, as mentioned, all information concerning household members and their status must be provided to the SSA. Some situations will affect your benefits and some will not.

In the case of your mother, that you mentioned, if she is receiving SS "old age" pension or SSDI, her benefits would never be affected by household income or assets. That is because those benefits are not based on financial need, but instead on earned benefits. Only SSI benefits are subject to asset limitations. That said, there are some exclusions from the calculations performed in determining your financial eligibility and any potential deductions. You can find the details on each type of income that is included or excluded from your resource calculation by going to the following link: https://www.ssa.gov/ssi/text-income-ussi.htm

As long as your household income doesn't exceed the threshold amount, taking into account your expenses, then you would not have a reduction or stoppage of benefits. It is as simple, and sometimes, complicated as that.