Editing Supplemental Security Income (section)

==Eligibility==
In order to receive SSI benefits, individuals must apply for benefits and meet the following requirements:<ref>{{cite web|url=https://www.ssa.gov/OP_Home/handbook/handbook.21/handbook-2111.html|title=What are the general eligibility requirements for SSI?|last=SSA|website=www.ssa.gov}}</ref>

* They are 65+ years of age or blind or disabled; and
* They legally reside in one of the fifty states or the [[District of Columbia]] or [[Northern Mariana Islands]], are the child of military parents assigned to permanent duty outside of the US, or are a student (certain restrictions apply) temporarily abroad; and
* They have income and resources within certain limits (see subsections).

For eligibility based on age, applicants must establish they are 65 or older. For eligibility based on disability, applicants must provide evidence they meet the Social Security Administration's definition of disability. With regard to adult disability cases, the Social Security Administration (SSA) determines whether an individual has a disability that prevents working, at a substantial level, in the national economy. For child disability cases, SSA determines whether the child has "marked" or severe functional limitations. The initial decision as to whether an individual is disabled is made by the various state [[Disability Determination Services]] (DDS), which contract with the federal government and must follow federal rules regarding the definition of disability. Individuals denied disability benefits at the initial level have appeal rights. Appealed cases may be heard by [[administrative law judges]], SSA's Appeals Council, and the federal courts.

In some cases, individuals may be eligible for Social Security benefits and SSI benefits. For example, a disabled individual who worked in Social Security covered employment and who has limited income and resources may receive a Social Security disability benefit (due to employment prior to disability) and a partial SSI benefit (due to limited income and resources).  The Social Security Administration treats an application for SSI to also be an application for any Social Security benefit for which the individual is eligible. In general, however, SSI differs from Social Security because SSI pays benefits to individuals who have limited income and resources. There is no requirement that the individual worked in Social Security covered employment.

===Application for benefits===
An application must be filed with the Social Security Administration before an individual can receive SSI. Individuals or their helpers may start the application for SSI benefits by completing a short form on SSA's website. SSA staff will schedule an appointment for the individual or helper within 1–2 weeks and complete the process.<ref name="Get Started to Apply for SSI"/>

Alternatively, individuals can apply for SSI by:
* Calling SSA's national toll-free number (1-800-772-1213)
* Calling a local Social Security office<ref>{{cite web|url=https://secure.ssa.gov/ICON/main.jsp|title=Social Security Office Locator|last=SSA|website=www.ssa.gov}}</ref>

===Aged, disabled, or blind===
In order to be eligible for SSI, a person must meet the definition of being aged, disabled, or blind.

'''Aged''' – Being deemed aged consists of attaining the age of 65 or older.<ref name="SSA POMS SI 00501.001">(''SSA'' POMS SI 00501.001)</ref> In some cases benefits can be claimed at the age of 62.<ref>{{Cite web |title=Benefits Planner: Retirement {{!}} Retirement Age and Benefit Reduction {{!}} SSA |url=https://www.ssa.gov/benefits/retirement/planner/agereduction.html |access-date=2022-11-08 |website=www.ssa.gov |language=en}}</ref> The Social Security Administration, like the United States Government in general, follows [[English common law]] and considers a person to attain an age the day before their birthday.<ref>(''SSA'' POMS RS 00615.015)</ref>

'''Disabled''' – Being deemed disabled consists of meeting the general disability definition used by the Social Security Administration to be eligible for SSDI:

"Disability means inability to engage in any SGA [substantial gainful activity] by reason of any medically determinable physical or mental impairment which can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than 12 months."

"The 1967 amendments specified that workers shall be determined to be under a disability only if the physical or mental impairment or impairments are of such severity that the individual is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy. This is regardless of whether any of these are true:

* Such work exists in the immediate area in which the claimant lives.
* A specific job vacancy exists.
* The claimant would be hired if they applied for work.

"The statute also specifies that 'work which exists in the national economy means work which exists in significant numbers either in the region where such individuals live or in several regions of the country.'"<ref>(''SSA'' POMS DI 10105.065)</ref>

Substantial gainful activity (SGA), for 2021, is the ability to earn $1,310 gross income in a month's period for most disabled individuals. For legally blind individuals, the SGA is $2,190, but applies only to SSDI and not SSI.<ref>{{cite web|url=https://www.ssa.gov/oact/COLA/sga.html |title=Substantial Gainful Activity |publisher=Social Security Administration |accessdate=February 1, 2021}}</ref>

In addition, children under the age of 18 can be determined to be disabled for SSI purposes "if the individual has a medically determinable impairment or combination of impairments that causes marked or severe functional limitation(s), and can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than 12 months."<ref name="SSA POMS DI 11055.005">(''SSA'' POMS DI 11055.005)</ref>

'''Blind''' – Being deemed blind consists of meeting the following definition:

"central [[visual acuity]] of 20/200 or less in the better eye with the use of a correcting lens. An eye which has a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees should also be considered as having a central visual acuity of 20/200 or less."<ref name="SSA POMS DI 11055.005" />

In addition, for SSI purposes, an individual is considered blind regardless of the period of time they are expected to be blind or if they are performing substantial gainful activity.<ref name="SSA POMS DI 11055.005" />

===Income===
One of the requirements to receive SSI is that the individual's income must be below certain limits.<ref>(''SSA'' POMS SI 00810.001)</ref> These limits may vary based on the state in which the individual lives, living arrangements, the number of people living in the residence, and the type of income. Not all income is counted when determining an individual's "countable income" for SSI eligibility purposes.<ref name="ORDP">{{Cite web|title=Understanding SSI - SSI Income|url=https://www.ssa.gov/ssi/text-income-ussi.htm|last=ORDP|first=OISP|website=www.ssa.gov|access-date=2020-05-31}}</ref> Certain payments such as: grants, scholarships, [[Supplemental Nutrition Assistance Program|SNAP]] benefits, home energy assistance, and small infrequent payments are not included.<ref name="ORDP"/>

===Resources===
Another requirement for SSI is that the individual's resources be below a certain limit. This amount is $2,000 for an individual and $3,000 for an individual and their spouse (whether the spouse is eligible for SSI or not), $4,000 for a child applicant with one parent living in the household, and $5,000 for a child applicant with two parents living in the household.<ref>(''SSA'' POMS SI 01110.003)</ref> However, conditional benefits may be paid if a substantial portion of the resources are considered non-liquid, resources that cannot be sold within 20 working days,<ref>(''SSA'' POMS SI 01110.300)</ref> if they agree to sell the resources at their current market value within a specified period and repay the money after the non-liquid property is sold.<ref>(''SSA'' POMS 01150.200)</ref> However, not all actual resources are counted in calculating an individual's or couple's resources for SSI purposes.<ref>(''SSA'' POMS SI 01110.210)</ref><ref>{{Cite web|url=https://www.ssa.gov/ssi/text-resources-ussi.htm|title=Understanding SSI - SSI Resources|last=ORDP|first=OISP|website=www.ssa.gov|access-date=2020-04-29}}</ref>

The resource limits were originally set at $1,500 for an individual and $2,500 for couples in 1974,<ref>(24 CFR 416.1205)</ref> and were not linked to inflation. In 1987, the limits were raised to $1,800 and $2,700, in 1988, to $1,900 and $2,850, and, in 1989, to $2,000 and $3,000.<ref>{{cite web|url=http://www.socialsecurity.gov/OP_Home/handbook/handbook.21/handbook-2166.html|title=What are the statutory resources limits?|last=SSA,ORDP,OPPS|website=www.socialsecurity.gov}}</ref> Under current law they will remain at present levels indefinitely.

The one exception to the general asset limit is the [[ABLE account]], which was established with the signing into law of the ABLE Act of 2014 (standing for Achieving a Better Life Experience Act) on December 19, 2014, This tax-advantaged account was codified under the newly added Section 529A of the Internal Revenue Code.<ref>{{cite press release|url=http://www.casey.senate.gov/newsroom/releases/caseys-able-act-becomes-law-with-president-obamas-signature |title=Casey's ABLE Act Becomes Law with President Obama's Signature |publisher=[[Bob Casey, Jr.|Senator Robert P. Casey Jr.]] |date=December 19, 2014 |access-date=January 22, 2015}}</ref> Details of the accounts, which officially came into effect once the [[United States Department of the Treasury|Treasury Department]] issued enabling regulations and states passed legislation regarding account administration, are:<ref>{{cite web|url=http://www.ndss.org/Advocacy/Legislative-Agenda/Creating-an-Economic-Future-for-Individuals-with-Down-Syndrome/Achieving-a-Better-of-Life-Experience-ABLE-Act/ |title=ABLE Act Overview |publisher=National Down Syndrome Society |access-date=January 22, 2015}}</ref>
* Accounts can be established by or on behalf of a disabled person, provided that the beneficiary's disability began before age 26.
* Annual contributions to an account are limited to the same amount as the gift tax exclusion for an individual ($15,000 since 2014). The upper limit for lifetime contributions is the same as that for a 529 educational plan in the disabled person's state of residence. Contributions are not tax-deductible, but income earned in an account is not subject to tax.
* Tax-free withdrawals can be made for "qualified disability expenses", including but not limited to education, housing, transportation, employment-related expenses, assistive technology, and healthcare.
* There are special statutory rules regarding the accumulation of ABLE account assets for individuals on SSI and Medicaid. The first $100,000 in an ABLE account is not counted as an asset for purposes of SSI eligibility. Once an ABLE account balance exceeds $100,000, the beneficiary's SSI payments are suspended until the account balance drops below $100,000. However, the beneficiary remains covered by Medicaid regardless of the account balance.

===Residency===
SSI benefits are not paid solely to US citizens, but may also be paid to aliens legally residing in the United States.<ref name="SSA POMS SI 00501.001"/> Conversely, citizens may find themselves ineligible because they do not currently reside within the United States;<ref>(''SSA'' POMS SI 00501.410)</ref> exceptions apply for children of military parents who were born overseas, were disabled or became blind overseas, or first applied for benefits overseas<ref>(''SSA'' POMS SI 00501.415)</ref> and for students studying abroad who were eligible for SSI in the month prior to leaving the US, whose absence will be for less than one year, and who are studying to enhance their ability to perform substantial gainful activity, sponsored by an educational institution in the US, and would not be available to the individual in the US.<ref>(''SSA'' POMS SI 00501.411)</ref> Several restrictions apply to the eligibility of aliens however. These include being in a "qualified alien" category and meeting an exception condition.<ref>(''SSA'' POMS SI 00502.100)</ref>

There are seven categories of qualified aliens based on [[Department of Homeland Security]] (DHS) immigration statuses. This includes:<ref>(''SSA'' POMS SI 00502.100A.2)</ref>
* those admitted as Lawfully admitted for permanent residence (LAPR)
* those granted conditional entry pursuant to section 203(a)(7) of the [[Immigration and Nationality Act of 1965|Immigration and Nationality Act]] (INA)
* those paroled into the US under section 212(d)(5) of the INA for a period of at least one year
* those who are [[refugee]]s admitted to the US under section 207 of the INA
* those granted asylum under section 208 of the INA
* those whose deportation is being withheld under sections 243(h) or 241(b)(3) of the INA
* [[Cuba]]n/[[Haiti]]an entrants under section 501(e) of the Refugee Education Assistance Act of 1980.

There are five exception conditions. These include:<ref>(''SSA'' POMS SI 00502.100A.3)</ref>
* having already been receiving SSI on August 22, 1996
* having 40 qualifying credits (using SSI as a supplement to Retirement or Disability Insurance Benefits) when in LAPR status
* being a veteran, active-duty member of the U. S. military service, or being the spouse or dependant child of an individual who is
* having been lawfully residing in the US on August 22, 1996, and being blind and disabled (excluding aged individuals)
In order to qualify for SSI, an immigrant must have been a legal resident of the United States before the Welfare Reform Act of 1996 took effect (August 22, 1996). Those who arrived after that date may be denied SSI benefits. However, the regulations governing alien eligibility for SSI are complex and contain many exceptions; for instance, asylees, refugees, spouses of a member of the U.S. military, and some LAPR may be ''qualified aliens.'' A person who has been in LAPR status for at least five years, has a valid Form I-551 ([[Green card|Green card status]]''')''' issued by the Bureau of Citizenship and Immigration, and has been employed in the United States, may qualify.<ref>{{Cite web |last=ORDP/OISP/OEEP |title=Social Security Numbers and Immigrant Visas |url=https://www.ssa.gov/ssnvisa/Handout_11_1.html |access-date=2022-11-08 |website=www.ssa.gov |language=en}}</ref> People wishing to learn whether they might qualify for SSI should contact the Social Security Administration to schedule an appointment for an interview.

A person who is incarcerated for a calendar month is ineligible for benefits.<ref>{{Cite web |title=Benefits after Incarceration |url=https://www.ssa.gov/reentry/benefits.htm#:~:text=How%20a%20conviction%20affects%20your,more%20than%2030%20consecutive%20days. |access-date=2022-11-08 |website=www.ssa.gov |language=en}}</ref> If the person is in a medical facility where at least 50% of their costs are paid by Medicaid, their benefit may be reduced to $30.<ref>{{Cite web |title=SSA - POMS: SI 00520.011 - Determination of Applicability of $30 Payment Limit - 04/16/2013 |url=https://secure.ssa.gov/poms.nsf/lnx/0500520011 |access-date=2022-11-08 |website=secure.ssa.gov}}</ref>

===Collateral consequences of warrants, parole, and probation===
Since Congress enacted "fugitive felons" and parole/probation violation provisions in 1996, the Social Security Administration has suspended benefits and charged overpayments to individuals receiving SSI on the basis of outstanding warrants.<ref name="McIntyre 2003">{{cite journal|last=McIntyre|first=Gerald|title=Have You Seen a Fleeing Felon? Social Security Administration Targets SSI Recipients with Outstanding Warrants|journal=Clearinghouse Review|date=January–February 2003|url=http://povertylaw.org/node/1836|access-date=September 2, 2012}}</ref>
Enforcement of the provisions greatly increased in 2000, as SSA reached agreements
with local law enforcement to match databases.<ref name="McIntyre 2003" />

Individuals who are fleeing to avoid prosecution or incarceration for a felony or violating probation or parole are statutorily prohibited from receiving SSI or Title II Social Security benefits.<ref>42 U.S.C. §§&nbsp;1382(e)(4) (SSI); 402(x) (Title II)</ref>

The Social Security Administration interpreted the statutes broadly to include individuals whose names were matched against a warrant database.<ref name="McIntyre 2003" /> Some individuals lost benefits even though the warrant in question was for a different person.<ref name="urbanjustice.org">Urban Justice Project. Social Insecurity.http://www.urbanjustice.org/pdf/projects/Social_Insecurity_10_07.pdf</ref><ref name="McIntyre 2010">{{cite journal|last=McIntyre|first=Gerald|author2=Kevin Prindiville |author3=Anna Rich |title=Social Security Administration Retreats from "Unknowing Flight" Doctrine and will Pay Hundreds of Millions in Back Benefits|journal=Clearinghouse Review|date=January–February 2010}}</ref> For others, the presence of a warrant did not necessarily mean that an individual was "fleeing," or that the individual had violated probation or parole.<ref name="urbanjustice.org" />

As a result of two legal cases (''Martinez v. Astrue'' and ''Clark v. Astrue''), the SSA may not suspend benefits based merely on the evidence that a warrant had been issued.<ref>Clark v. Astrue, 602 F.3d (2d Cir. 2010)</ref><ref>Martinez v. Astrue settlement, available at http://www.nsclc.org/wp-content/uploads/2011/06/Martinez-v-Astrue-Settlement-Agreement.pdf</ref> Back benefits were owed to hundreds of thousands of recipients.<ref name="McIntyre 2010" /><ref>{{cite web |url=http://www.nsclc.org/index.php/tag/clark-v-astrue/ |title=Clark v Astrue &#124; National Senior Citizens Law Center |access-date=2012-09-02 |url-status=dead |archive-url=https://web.archive.org/web/20120505105230/http://www.nsclc.org/index.php/tag/clark-v-astrue/ |archive-date=2012-05-05 }}</ref>