Comments on: Correcting a Rent Offset in an SSI Claim http://www.ssdanswers.com/2008/07/23/correcting-a-rent-offset-in-an-ssi-claim/ Social Security Disability Blog - moderated by Jonathan Ginsberg Sun, 18 Jul 2010 19:41:32 +0000 hourly 1 By: Evelyn Clark http://www.ssdanswers.com/2008/07/23/correcting-a-rent-offset-in-an-ssi-claim/#comment-8175 Evelyn Clark Tue, 16 Jun 2009 17:28:10 +0000 http://www.ssdanswers.com/?p=176#comment-8175 This is my confusion with SSI: My adult daughter is not and will never be able to live on her own or support herself. She is severely mentally disabled and needs constant supervision. SSI says the amount of support I give her is $224.00, which they deduct from her SSI of $637 monthly. How, if someone needs supervision and cannot live on their own, does SSI justify taking any money? Having someone of her abilities living in a group home or nursing home would surely cost more than $224 a month-but I am sure that would be covered without a question! It seems parents are penalized for wanting to have adult handicapped children in a safe, familiar environment for as long as possible. Why is this? This is my confusion with SSI: My adult daughter is not and will never be able to live on her own or support herself. She is severely mentally disabled and needs constant supervision. SSI says the amount of support I give her is $224.00, which they deduct from her SSI of $637 monthly. How, if someone needs supervision and cannot live on their own, does SSI justify taking any money? Having someone of her abilities living in a group home or nursing home would surely cost more than $224 a month-but I am sure that would be covered without a question! It seems parents are penalized for wanting to have adult handicapped children in a safe, familiar environment for as long as possible. Why is this?

]]> By: Jonathan Ginsberg http://www.ssdanswers.com/2008/07/23/correcting-a-rent-offset-in-an-ssi-claim/#comment-7944 Jonathan Ginsberg Thu, 24 Jul 2008 11:01:16 +0000 http://www.ssdanswers.com/?p=176#comment-7944 Mr. Riley's comment reflects the complexity of the SSI offset calculations. As noted in the original post, I rarely get involved in SSI claims and when I do take cases, I am focused on winning benefits. Calculating the offsets requires a different skill set. Mr. Riley's comment reflects the complexity of the SSI offset calculations. As noted in the original post, I rarely get involved in SSI claims and when I do take cases, I am focused on winning benefits. Calculating the offsets requires a different skill set.

]]> By: Gerald W Riley http://www.ssdanswers.com/2008/07/23/correcting-a-rent-offset-in-an-ssi-claim/#comment-7943 Gerald W Riley Thu, 24 Jul 2008 07:02:00 +0000 http://www.ssdanswers.com/?p=176#comment-7943 I agree with Mr Ginsberg's response except there is a $20.00 unearned income exclusion so the reduction is $500-20=$480 and assuming the maximum check of $637 then the revised check is $637-$480=$157. What is not clear are the precise living arrangements. If the daughter owns a house and dad rents a room in the home with kitchen privileges and laundry access then the value would be equal the fair market value of the room rented to a stranger plus access to the kitchen and laundry. This could be computed by taking the square feet in the room and dividing by the livable square feet in the house. Thus if dad had 500 square feet and the house was 2500 livable square feet then 500/2500=20% so $20 of the monthly mortgage, utilities (excluding phone), trash, and food if the daughter buys his food would be his fair share. Thus, if these figures added up to $1800 then his fair share would be $360.00. This would assume that dad watches TV in his own room and generally stays in that room. If, on the other hand, he has access to the entire house then his fair share of rent would be the monthly mortgage, utilities(excluding phone), food costs if the daughter buys his food, and trash pickup all added together and divided by the total number of household members (including minors). Using the above figures and assuming these costs equal $1800.00 and three people live in the house then his fair share would be $600.00. If the daughter has an apartment the same rules apply. I would go through my monthly expenses and figures these things out because SSI rules require that you pay your fair share of expenses which can mean actual costs or fair market value. Also, remember SSI is a welfare program so that why these offsets occur. Most importantly, report any changes in his in-kind income or earnings to social security in person with documentation because this impacts his checks. DO NOT CALL THE 800 NUMBER TO REPORT THIS. They need to see actual stubs and income. Thus, if he gets a part time job and then he needs to report every month otherwise they will eventually hit him for an overpayment. If he wins a scratch ticket for $1000.00 in some gambling game then this needs to be reported. Good luck I agree with Mr Ginsberg's response except there is a $20.00 unearned income exclusion so the reduction is $500-20=$480 and assuming the maximum check of $637 then the revised check is $637-$480=$157.

What is not clear are the precise living arrangements. If the daughter owns a house and dad rents a room in the home with kitchen privileges and laundry access then the value would be equal the fair market value of the room rented to a stranger plus access to the kitchen and laundry. This could be computed by taking the square feet in the room and dividing by the livable square feet in the house. Thus if dad had 500 square feet and the house was 2500 livable square feet then 500/2500=20% so $20 of the monthly mortgage, utilities (excluding phone), trash, and food if the daughter buys his food would be his fair share. Thus, if these figures added up to $1800 then his fair share would be $360.00. This would assume that dad watches TV in his own room and generally stays in that room.

If, on the other hand, he has access to the entire house then his fair share of rent would be the monthly mortgage, utilities(excluding phone), food costs if the daughter buys his food, and trash pickup all added together and divided by the total number of household members (including minors). Using the above figures and assuming these costs equal $1800.00 and three people live in the house then his fair share would be $600.00. If the daughter has an apartment the same rules apply.

I would go through my monthly expenses and figures these things out because SSI rules require that you pay your fair share of expenses which can mean actual costs or fair market value.

Also, remember SSI is a welfare program so that why these offsets occur. Most importantly, report any changes in his in-kind income or earnings to social security in person with documentation because this impacts his checks. DO NOT CALL THE 800 NUMBER TO REPORT THIS. They need to see actual stubs and income. Thus, if he gets a part time job and then he needs to report every month otherwise they will eventually hit him for an overpayment. If he wins a scratch ticket for $1000.00 in some gambling game then this needs to be reported.

Good luck

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