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SSA Deeming Income Process for SSI Benefits

Wykoff & Sikes, PLLC May 31, 2023

The SSA deeming income process for SSI (Supplemental Security Income) is used to determine whether the income of an SSI applicant or recipient's spouse, parent(s), or other legally responsible person(s) should be considered when determining the individual's eligibility for SSI and the amount of their benefit payment.

In general, the SSA uses a deeming formula to calculate how much income should be attributed to the SSI applicant or recipient from their spouse, parent(s), or other legally responsible person(s). The deeming formula takes into account the total countable income of the deemer(s), and applies a percentage to that income, which is then considered as available income to the SSI applicant or recipient.

Here are some key points to understand about the SSA deeming income process for SSI:

1. Who is considered a deemer? The deemer is the spouse, parent(s), or other legally responsible person(s) who live with the SSI applicant or recipient and who provide financial support to them. This can include parents of a child under 18 who is applying for SSI.

2. What income is considered? The SSA considers all sources of income for the deemer(s), including earned income (such as wages and self-employment income), unearned income (such as interest, dividends, and rental income), and in-kind support and maintenance (such as food and shelter that the deemer(s) provide).

3. What income is excluded? Certain income and resources of the deemer(s) may be excluded, such as the first $20 of most types of income received in a month, a portion of earned income, and certain types of assistance payments.

4. How is the deeming formula calculated? The deeming formula calculates the amount of income that will be considered as available to the SSI applicant or recipient. The formula varies depending on the deemer's income, living arrangements, and other factors.

5. How does deeming affect SSI eligibility and benefit amount? If the deeming income brings the SSI applicant or recipient's countable income above the SSI income limits, their SSI benefit payment will be reduced or eliminated. If the deeming income is less than the SSI income limits, their SSI benefit payment will be reduced by the amount of the deeming income.

It's important to note that the SSA deeming income process for SSI is complex, and each case is unique. The SSA has specific rules and guidelines for deeming income, and it's recommended that individuals seeking to apply for SSI seek the assistance of an experienced attorney or advocate to help guide them through the process.