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Social Security Disability
Bowen
Sup?Registered User regular
Sup?Registered User regular
So, according to a social worker, my g/f has been receiving reduced benefits that shouldn't have been reduced.
We moved in together about 5 years ago and when we moved in they reduced her SSI-D to crazy low levels because they considered me moving in with her part of her income (how? I don't know, but basically I foot everything except her half of the rent). After talking with her social worker she found out that they shouldn't even be considering my income with hers because we're not married and they have really no bearing on each other. Just like if she had child support, they really couldn't reduce her payments because of that.
So, what are my options to get her payments increased and hopefully get her the money she was supposed to have received during that time? I'm guessing I'll probably have to go through a lawyer but that seems silly for something I should be able to call down to the SSI office.
We moved in together about 5 years ago and when we moved in they reduced her SSI-D to crazy low levels because they considered me moving in with her part of her income (how? I don't know, but basically I foot everything except her half of the rent). After talking with her social worker she found out that they shouldn't even be considering my income with hers because we're not married and they have really no bearing on each other. Just like if she had child support, they really couldn't reduce her payments because of that.
So, what are my options to get her payments increased and hopefully get her the money she was supposed to have received during that time? I'm guessing I'll probably have to go through a lawyer but that seems silly for something I should be able to call down to the SSI office.
If I figured it what her half of the bills are (not including anything but paying rent, electric, food, transportation, clothes) she's making about $25 less than that total. The total I figured for her half equals, roughly, a little less than minimum wage at 20 hours a week before taxes.
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I wouldn't consider this fact until you verify this with someone at an SS office or can find some sort of documentation on their website. Tell her to just go down in person with all her documentation, it doesn't hurt to talk to someone and ask them to check stuff.
EDIT: Here is his response...
"Wrong. They CAN reduce her benefits.
They can reduce this because if he helps her, it is considered ‘in kind support and maintenance’. Depending on how much he was reported to be giving her, it could have been reduced by a little or a lot. While it is correct that they don’t need to show his income monthly, which would be the case if they were married (and as such, his income would not affect her SSI), at some point when SSA was asking about her income and resources, the claims rep felt that she was getting help from the boyfriend.
Go talk to the closest SSA office and try to sort it out. I would have any proof of what help, if any, is provided.
To make it clearer, let’s say she should be getting $500 per month. They take into account all bills when they determine this amount. If she WAS paying all of that bill before you moved in, then she wasn’t, they take that credit away from her check as SSI is a needs based program. If she no longer needs that money because she is getting it from you, then SSA will not pay it."
Just show them how the money is spent - IE 1/2 of all bills along with rent - and don't tell them that you cover her shortfall. Your income should not be counted - but any portion of her bills that you pay could be counted as "income" for her. I think you might be in a sticky situation because you have been paying extra for so long - they might try and stick you with it.
It doesn't sound like they are taking his income into account, it sounds like they are taking into account that he pays for everything except half the rent. Meaning he is essentially providing her with some income, which SS and other social services take into account when determining need. It doesn't matter if they are married, dating, bff, or strangers; what matters is that she is receiving monetary assistance that they feel needs to be taken into account when determining how much aide she needs. Heck, when I lost my job and needed temporary coverage through my state I had to go through a crapload of paperwork verifying every dime I owed, received and paid out. They didn't care where the money came from they wanted to know about it.
I asked about this, and here is his response:
"The government does not care if you consider yourselves together or not unless you are married. That is another issue entirely and has no bearing on the issue at hand. Married spouses have to report monthly income and SSA DOES care about that. The government DOES care, also, if you get help from someone when you collect SSI, regardless of marital/relationship status. If the boyfriend/friend/church/random nice stranger pays a bill for someone on SSI, it WILL 100% of the time be important for SSI.
They are taking the benefits because, in all likelihood, before the boyfriend was in the picture, she paid all her own stuff; after the boyfriend, she paid less, so they took that extra help and refigured her benefit because she didn’t need that much public assistance anymore.
And child support does count against you as well. We care about all forms of public support."
If she could get healthcare (yay thank god that passed, just have to wait now...) she could work and make wayyyyyy more money than that provides a month. The problem is when she first moved in with me she had to change her address and they asked who was living there she said me and they said "does he make more than XXXXX?" "Yes... but he has his own bills to pay." "Sorry that's not my problem, we're reducing your benefits because he lives with you."
"he doesn’t have to move out, he has to just stop paying so much of her bills."
I'm not sure exactly how that would work out when you talk to the SSA guy, but you probably need to have evidence that your g/f is now paying the bills instead of you.
This sounds like this was done improperly to me - just because she is living in the same residence as you and you make $XXX ammount, does not necesitate you paying her bills, although that is what they did, in a really sneaky way. You might have to stop paying her portion for a few months and let her half slide, then re-file - showing that it's not getting paid because they don't give her enogh to cover her half. This seems like a really nast loop.
Now whether or not you stick to that agreement is none of my business....and you shouldnt talk about it...to anybody.
Would us having a joint account affect this? I'm guessing yes.
YES! any money in that account would be "her money" as far as the government is concerned. If she puts in $200 and you put in $500 and then pay $700 in bills, you are screwing yourself. You might have to start financially seperating your stuff. Accounts, bills etc.
I doubt we'll probably get her back money though. Trying to see SSA is notoriously difficult where we live, because of where they're located, huzzah.