November
21
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Special Needs Probate 101

Preparing For and Managing Supplemental Security Income Benefits

Webinar with 
Michele P. Fuller
Michele P. Fuller
Two young boys and their father and mother converse in a bright apartment. Father is in a wheelchair.
Date:
October 16, 2024
Time:
12:00pm - 1:00pm (Eastern Time)

Navigating Supplemental Security Income (SSI) benefits can be complex, but understanding the process is crucial for securing the financial well-being of a loved one with special needs. In this webinar, we will guide you through the essential steps for preparing and managing SSI benefits.

You’ll learn about eligibility requirements, how to avoid common pitfalls, and strategies for maximizing benefits without jeopardizing other resources. Whether you're new to SSI or looking to better manage existing benefits, this session will provide the practical insights you need to ensure ongoing support and stability.

Join us to gain the confidence and knowledge to effectively manage SSI benefits for your loved one.

Preparing For and Managing Supplemental Security Income Benefits
Webinar with 
Michele P. Fuller
Michele P. Fuller
Webinar Video Coming Soon
October 16, 2024

Navigating the Complexities of Supplemental Security Income (SSI) Can Be Daunting

Understanding government benefit programs can be overwhelming, especially when the programs are similar but have distinct eligibility requirements and rules. Two of the most frequently misunderstood programs are Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). Though both are administered by the Social Security Administration (SSA) and designed to support people with disabilities, the way they function and the criteria for eligibility are quite different. This article will break down these two programs, explain their differences, and guide you through the important details you need to know to assist your special needs planning.

What Are SSI and SSDI?

At a glance, SSI and SSDI seem like similar programs since they both provide benefits to people with disabilities. However, they operate under different frameworks. Let’s define each program:

  • SSDI: This program is a type of disability insurance. Workers contribute to Social Security through payroll taxes, and SSDI serves as a form of insurance for workers who become disabled and can no longer work. SSDI is based on your work history, meaning you need to have worked and contributed enough quarters to qualify. The amount you receive depends on your earnings over your work history. If you reach retirement age, SSDI converts to Social Security retirement benefits.

  • SSI: This is a need-based program designed to help individuals who are disabled, have insufficient work credits, and have little to no income or assets. Key criteria for eligibility  are your financial situation and disability status. SSI benefits can be provided on their own or as a supplement to SSDI if your SSDI payments are low.

Key Differences Between SSI and SSDI

  1. Eligibility: SSDI is available to individuals who have worked and contributed to Social Security through payroll taxes. SSI, on the other hand, is available to people who meet the medical definition of disability and have limited income and resources. This means that someone who has never worked or didn’t work enough to qualify for SSDI can still apply for SSI as long as they meet the financial and medical requirements.

  1. Funding: SSDI is funded through payroll taxes (FICA), meaning that workers contribute to the system. SSI, however, is funded by general tax revenues, not Social Security taxes.

  1. Benefit Amount: SSDI benefits are based on your past earnings, while SSI is a fixed amount, subject to change annually. In 2024, the federal benefit rate for SSI is $943 per month, though some states provide additional supplements. For example, Michigan provides a small quarterly supplement of $42.

  1. Dual Eligibility: It is possible to receive both SSI and SSDI benefits. This happens when someone qualifies for SSDI but receives a low payment because they didn’t work enough or earned low wages. In such cases, SSI acts as a supplement to bring their income up to a certain level.

  1. Payment Schedule: Another way to distinguish between SSI and SSDI is the timing of the payments. SSI benefits are typically deposited on the first of the month, while SSDI benefits usually arrive on the third of the month. If someone receives both benefits, they might see two separate deposits into their bank account at different times.

SSI Eligibility Criteria: Understanding the Requirements

To qualify for SSI, you must meet two key requirements: medical and financial.

Medical Criteria

To be eligible for SSI, you must be considered disabled according to the SSA’s definition. For adults, this means you must have a medically determinable physical or mental impairment (or a combination of impairments) that prevents you from engaging in "substantial gainful activity" (SGA). As of 2024, the SGA limit is $1,550 per month. Your condition must also be expected to last at least 12 months or result in death.

For minors, the disability criteria are slightly different. Instead of SGA, the focus is on whether the child has "marked and severe functional limitations" compared to a neurotypical child.

Financial Criteria

The financial criteria for SSI are strict. To qualify, you must have limited income and resources. Here’s a breakdown:

  • Income Test: Your income, whether earned (wages, salaries) or unearned (dividends, gifts, etc.), must fall below certain thresholds. The SSA applies income exclusions, such as disregarding the first $20 of any income, but generally, any amount beyond that will reduce your SSI benefit dollar for dollar.

  • Resource Test: As an individual, you can only have up to $2,000 in countable resources ($3,000 if married). Countable resources include cash, bank accounts, stocks, bonds, and certain other assets. However, some assets are excluded, such as your primary residence and one vehicle. You are allowed to own these items without jeopardizing your SSI eligibility.

What Is the Impact of Work on SSI?

While SSI is a needs-based program, it is possible to work while receiving benefits, though your earnings can affect the amount you receive. The SSA has specific guidelines for calculating how much earned income will reduce your SSI payments. The first $85 of your monthly earnings are excluded ($20 general income exclusion and $65 earned income exclusion). After that, your SSI benefit is reduced by $1 for every $2 you earn over this threshold.

This means that working part-time or in a sheltered workshop is allowed, but you need to ensure that your earnings remain under the SGA limit to maintain your SSI benefits.

Non-Countable Resources: ABLE Accounts and Special Needs Trusts

To maintain eligibility for SSI, managing resources effectively is crucial. Fortunately, there are tools designed to help people with disabilities accumulate savings without losing their benefits.

  • ABLE Accounts: The Achieving a Better Life Experience (ABLE) Act allows individuals with disabilities to save up to $100,000 in a tax-advantaged ABLE account without affecting their SSI eligibility. This account can be used for qualified disability expenses, which include anything that enhances the person’s quality of life, such as education, housing, and healthcare. In Michigan, for example, you can open an ABLE account through the MI ABLE program.

  • Special Needs Trusts: Another key resource is a special needs trust, which allows individuals with disabilities to hold assets in trust without impacting their SSI eligibility. Special needs trusts can be established using third-party funds (e.g., from parents or relatives) or first-party funds (e.g., a personal injury settlement or inheritance). This type of trust protects the assets while allowing the beneficiary to continue receiving government benefits like SSI and Medicaid.

Common Pitfalls and How to Avoid Them

There are several ways SSI recipients might accidentally lose their benefits or reduce their payments without realizing it. Here are a few common mistakes:

  • Failing to Report Income: Any change in income, including gifts, must be reported to SSA. If unreported, it could lead to overpayments, which the SSA will require you to repay.

 

  • Receiving Gifts: Well-meaning relatives may give money directly to an SSI recipient, not realizing that this counts as unearned income and can reduce or eliminate the benefit. Instead, gifts should be directed to an ABLE account or a special needs trust to avoid this issue.

  • Accumulating Too Many Resources: If an SSI recipient allows their bank account balance to exceed the $2,000 resource limit, even for a single day, they risk losing their benefits. It’s essential to monitor resources carefully and use tools like ABLE accounts and special needs trusts to manage funds effectively.

Managing SSI: Best Practices

If you receive SSI or manage SSI benefits for someone else, it's important to stay on top of reporting requirements and documentation. Here are a few tips:

  • Respond to SSA Letters: Don’t ignore correspondence from SSA. It could include important updates or requests for information. Missing a deadline could result in lost benefits.

  • Keep Copies of Everything: Always retain copies of any documents you submit to SSA, including income reports or changes in financial circumstances. A paper trail will protect you in case there’s a dispute or error.

  • Use Fax for Submissions: Faxing documents provides immediate proof of submission, which can be important if you need to show you met a deadline.

Moving Forward Confidently With SSI

Navigating SSI and SSDI can be confusing, but understanding the differences and requirements for these programs is crucial for ensuring continued financial support. By knowing the key eligibility criteria, managing resources effectively, and staying on top of reporting requirements, you can protect your SSI benefits while maximizing the financial assistance you receive.

For more information on SSI and SSDI, consult additional resources like SSA’s Program Operations Manual System (POMS), the ABLE National Resource Center (ABLE NRC), and your state’s Medicaid guidelines. If you’re managing a significant amount of resources, consider consulting with a special needs planning attorney to ensure you’re fully utilizing all available tools like ABLE accounts and special needs trusts.

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