The Social Security Administration (SSA) recently announced a new rule that would expand the definition of what’s considered a public-assistance household. It is anticipated the SSA’s new rule – which is scheduled to go into effect September 30, 2024 – will likely mean more people will be eligible for Supplemental Security Income (SSI) and current beneficiaries may wind up receiving higher payments, according to CNBC.com.
Overview of the SSI Program
By way of background, the SSI program is a needs-based program administered by the SSA. To qualify, applicants generally need to prove that they are unable to work due as a result of a disability, in addition to having limited income and assets. Individuals who are disabled, blind, and/or 65 years of age or older are likely eligible for benefits under the SSI program.
Unlike Social Security Disability Insurance (SSDI), the SSI program is not funded by payroll taxes. Instead, the SSI program is paid for by Treasury funds, including personal income taxes and corporate taxes. As a result, SSI program applicants do not need to have paid into the system by working in order to qualify for financial benefits.
New SSI Program Policies Versus the Old Policies
The SSA’s prior policy required all household members to be receiving public assistance. Under the new rule, a “public-assistance household” will be defined as one with both an SSI applicant or beneficiary, as well as at least one other member who receives one or more forms of means-tested public income maintenance payments, according to the SSA.
Nearly 304,000 of SSI’s total 7.5 million beneficiaries were living in a public-assistance household as of January 2023, according to the SSA.
The maximum federal monthly SSI benefit is currently $943 per eligible individual and $1,415 for an eligible individual and eligible spouse.
Once the new rule is implemented, an additional 277,000 federal SSI program recipients, which equates to about 4 percent of all beneficiaries, may be eligible to receive an increase in monthly benefit payments while an additional 109,000 individuals may be eligible to start receiving federal SSI payments, according to the SSA.
In addition to expanded eligibility and higher payments under the SSI program, the SSA announced updates to its SSI rental subsidy policy intended to make it less likely that renting at a discounted rate or other rental assistance will adversely impact a beneficiary’s SSI program eligibility or monthly payment amount, according to the previously-cited CNBC article. In addition, the SSA will no longer count food assistance toward support beneficiaries receive from other parties that may reduce their SSI benefit amounts.
When to Apply for SSI Benefits
If you think you may be eligible for SSI benefits, consider filing a claim sooner rather than later. If you have been disabled for at least one year or believe that you will be disabled for 12 months or longer, then applying now may make sense. Though, as mentioned, the expanded eligibility rules will not go into effect until September 30, 2024.
Applying sooner rather than later may also make sense considering the SSI application process, including filing any necessary appeals, can be a time-intensive process that can last for many months. This means the sooner you apply for SSI benefits, the sooner you will receive a response and decision on your SSI benefits application.
Applying for Both SSI and SSDI Benefits
If you have a serious medical condition that is preventing you from working, you may be able to apply for benefits under both the SSI and SSDI programs. Though, it is important to note each program has unique application requirements. The general assumption is that if an applicant is approved for one program, they are prohibited from receiving benefits under the other. However, there are situations where an applicant may be able to qualify for both SSI and SSDI benefits. For example, you may be eligible to receive concurrent benefits (i.e., you are eligible to collect both SSI and SSDI benefit payments) if you:
- Became disabled early in your career;
- Worked a minimum-wage job; and/or
- Did not work full-time during the 10-year period prior to becoming disabled
To help determine if you may be eligible for both SSI and/or SSDI benefits, consider speaking to a knowledgeable disability benefits lawyer. They can help you understand the eligibility criteria and other rules associated with these programs and explain your options for maximizing your income. A knowledgeable disability benefits lawyer can also assist you in fighting for the benefits you qualify for, even if your initial application is not approved.
How an Experienced SSI Attorney Can Help
The SSI application process can be intimidating and downright confusing for many people. An experienced and knowledgeable SSI lawyer can help demystify the application process and help put together the necessary medical evidence, and other materials, to help bolster your SSI application.
An experienced disability benefits attorney can also assist in completing the application and submitting it to the SSA for consideration. It is important to note, and understand, that a significant number of initial SSI benefit applications are denied on the following grounds:
- Insufficient evidence;
- Did not meet the SSA’s criterion; and/or
- Oversight or error in your submitted paperwork
Fortunately, applicants have the right to file an appeal. The SSA has four appeal levels:
- File a Request for Reconsideration;
- Request a hearing before an administrative law judge (ALJ);
- Request review by the SSA Appeals Council; and
- File a lawsuit in federal court.
If you decide to file an appeal, please be advised the appeal must be filed within 60 days of receiving a notice of denial from SSA. At all four levels of appeal, there are specific rules regarding the type of evidence that may be introduced and how to handle the appeal. If an appeal is unsuccessful, you can move on to filing a lawsuit in federal court, with the help of a skilled and knowledgeable SSI lawyer.
Speak to an Experienced SSI Benefits Lawyer Today
If you are considering filing for SSI benefits, particularly under the new rules and expanded eligibility, it is recommended to speak to an experienced SSI benefits attorney. Having a seasoned attorney by your side can help you in deciphering the new rules and whether you may qualify for benefits. Reach out to Bross & Frankel at (856) 795-8880 or contact us online to speak to a New Jersey SSI attorney about your potential SSI claim.