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<h1>Annual Statistical Supplement, 2023</h1>
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<h1>Supplemental Security Income Program Description and Legislative History</h1>
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<h2>Program Overview</h2>
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<p>The Supplemental Security Income (<abbr class="spell">SSI</abbr>) program provides income support to persons aged 65 or older, blind or disabled adults, and blind or disabled children. Eligibility requirements and federal payment standards are nationally uniform. The 2023 <abbr class="spell">SSI</abbr> federal benefit rate (<abbr class="spell">FBR</abbr>) for an individual living in his or her own household and with no other countable income is $914 monthly; for a couple (with both husband and wife eligible), the <abbr class="spell">SSI</abbr> benefit rate is $1,371 monthly.</p>
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<p>Payments under <abbr class="spell">SSI</abbr> began in January 1974. <abbr class="spell">SSI</abbr> replaced the former federal-state adult assistance programs in the 50 states and the District of Columbia. Under <abbr class="spell">SSI</abbr> each eligible person is provided a monthly cash payment based on a statutory federal benefit rate. Since 1975, these rates have been increased by the same percentage as the cost-of-living increases in <abbr class="spell">OASDI</abbr> benefits. If an individual or couple is living in another person's household and is receiving both food and shelter from the person in whose household they are living, the federal benefit rate is reduced by <span class="nobr">one-third</span>. This is done instead of determining the actual dollar value of the <span class="nobr">in-kind</span> support and maintenance.</p>
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<p>For institutionalized persons, the eligibility requirements and payment standards depend on the type of institution. With some exceptions, inmates of public institutions are ineligible for <abbr class="spell">SSI</abbr>. For persons institutionalized for a complete calendar month, a maximum federal <abbr class="spell">SSI</abbr> payment of $30 per month applies where (1) the institution receives a substantial part of the cost of the person's care from the Medicaid program, or (2) the institution receives payments from private health insurance on behalf of a recipient under age 18. Other eligible persons in institutions may receive up to the full federal benefit rate.</p>
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<p>The federal payment is based on the individual's countable income. The first $20 in monthly <abbr class="spell">OASDI</abbr> benefits or other earned or unearned income is not counted. Also excluded is $65 of monthly earnings plus <span class="nobr">one-half</span> of any earnings above $65. For example, a person living in his or her own household, whose sole income is a $200 monthly <abbr class="spell">OASDI</abbr> benefit, would receive $734 in federal <abbr class="spell">SSI</abbr> payments:</p>
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<p class="indent2">$914 − ($200 − $20) = ($914 − $180) = $734.</p>
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<p>A person whose income consists of $500 in gross monthly earnings would receive $706.50 in federal <abbr class="spell">SSI</abbr> payments:</p>
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<p class="indent2">(($500 − $85) ÷ 2) = $207.50 countable earnings</p>
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<p class="indent2"><abbr class="spell">FBR</abbr> $914 − $207.50 = $706.50 federal <abbr class="spell">SSI</abbr>.</p>
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<p>Individuals generally are not eligible for <abbr class="spell">SSI</abbr> if they have resources in excess of $2,000 (or $3,000 for a couple). Certain resources are excluded, most commonly a home, an automobile, and household goods and personal effects. States have the option to supplement the federal <abbr class="spell">SSI</abbr> payment for all or selected categories of persons, regardless of previous state program eligibility.</p>
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<h2><abbr class="spell">SSI</abbr>: History Of Provisions</h2>
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<h3>Basic Eligibility Requirements</h3>
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<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). An individual may qualify for payments on the basis of age, blindness, or disability.</p>
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<p><i>Aged:</i> Any person aged 65 or older.</p>
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<p><i>Blind:</i> Any person with <span class="nobr">20/200</span> or less vision in the better eye with the use of correcting lenses, or with tunnel vision of 20 degrees or less. An individual transferred from a state Aid to the Blind program is eligible if he/she received such state aid in December 1973 and continues to meet the October 1972 state definition of blindness.</p>
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<p><i>Disabled:</i> Any person unable to engage in any substantial gainful activity (<abbr class="spell">SGA</abbr>) by reason of any medically determinable physical or mental impairment expected to result in death or that has lasted or can be expected to last for a continuous period of at least 12 months. For a child under age 18, eligibility is based on disability of severity comparable with that of an adult. An individual transferred from a state Aid to the Permanently and Totally Disabled (<abbr class="spell">APTD</abbr>) program to <abbr class="spell">SSI</abbr> is also eligible if he/she received such state aid in December 1973 and continues to meet the October 1972 state definition of disability.</p>
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<p><b>1973</b> (Public Law <span class="nobr">93-233,</span> enacted December 31). Only persons who had received <abbr class="spell">APTD</abbr> before July 1973 and were on the rolls in December 1973 may receive <abbr class="spell">SSI</abbr> on the basis of the state definition of disability; those who became eligible for state aid from July to December 1973 must meet the federal definition of disability.</p>
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<p><b>1980</b> (Public Law <span class="nobr">96-265,</span> enacted June 9). A disabled recipient who loses federal <abbr class="spell">SSI</abbr> eligibility because of earnings at the <abbr class="spell">SGA</abbr> level may continue to receive a special benefit under section 1619 and retain eligibility for Medicaid under Title <abbr title="nineteen">XIX</abbr> of the Social Security Act. This special benefit status may continue as long as the recipient has the disabling impairment and meets all nondisability <abbr class="spell">SSI</abbr> eligibility criteria. States have the option of supplementing this special benefit.</p>
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<p>This provision of the law was in effect from January 1, 1981, through December 31, 1983. Beginning in January 1984, under a <span class="nobr">1-year</span> demonstration project, this provision was continued for persons already eligible for either regular <abbr class="spell">SSI</abbr> payments or special monthly benefits.</p>
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<p><b>1984</b> (Public Law <span class="nobr">98-460,</span> enacted October 9). The special benefit and Medicaid provisions of the 1980 legislation were extended through June 30, 1987 (retroactive to January 1, 1984).</p>
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<p><b>1986</b> (Public Law <span class="nobr">99-643,</span> enacted November 10). The special benefit and Medicaid provisions of the 1980 amendments are made permanent. The provisions were amended effective July 1, 1987, with significant modifications to simplify administration and to allow free movement between regular <abbr class="spell">SSI</abbr> disability payments and either the special cash benefit or Medicaid eligibility under section 1619. The distinction between a disabled person eligible for regular <abbr class="spell">SSI</abbr> payments and one eligible for <span class="nobr">1619(a)</span> is that the latter has several months with gross earnings above the <abbr class="spell">SGA</abbr> level. Previously, section <span class="nobr">1619(a)</span> status required completion of a trial work period and the determination that the work was <abbr class="spell">SGA</abbr>.</p>
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<p><b>1996</b> (Public Law <span class="nobr">104-193,</span> enacted August 22). For individuals under age 18, the “comparable severity” standard is eliminated and replaced with a requirement that a child be considered disabled if he/she has a medically determinable impairment that results in “marked and severe functional limitations,” and meets the existing statutory duration requirement. The law also eliminates references to “maladaptive behaviors” in the Listing of Impairments for children, and discontinues the use of individualized functional assessments for children.</p>
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<p><abbr class="spell">SSI</abbr> eligibility is prohibited for an individual in any month during which such an individual is a fugitive felon, fleeing prosecution, or violating state or federal conditions of probation or parole.<sup><a href="#mn1" id="mt1">1</a></sup> In addition, <abbr class="spell">SSI</abbr> eligibility is prohibited for 10 years for those convicted of fraudulently claiming residence to obtain benefits simultaneously in two or more states.<sup><a href="#mn2" id="mt2">2</a></sup></p>
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<p><b>2006</b> (Public Law <span class="nobr">109-171,</span> enacted February 8). Requires the Commissioner to conduct reviews of a specific percentage of <abbr class="spell">SSI</abbr> initial disability and blindness cases involving individuals aged 18 or older that are allowed by State Disability Determination Service (<abbr class="spell">DDS</abbr>) agencies. The provision is phased in as follows—for fiscal year 2006, the Commissioner is required to review 20 percent of <abbr class="spell">DDS</abbr> allowances; in fiscal year 2007, the requirement is 40 percent; and, for fiscal years 2008 and thereafter, 50 percent of all <abbr class="spell">DDS</abbr> allowances are required to be reviewed. These reviews are to be made before the allowance decision is implemented.</p>
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<h3>Other Eligibility Provisions</h3>
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<h4>Citizenship and Residency</h4>
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<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). The individual must reside within one of the 50 states or the District of Columbia and be a citizen or an alien lawfully admitted for permanent residence or permanently residing in the United States under color of law. Persons living outside the United States for an entire calendar month lose their eligibility for such a month.</p>
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<p><b>1976</b> (Public Law <span class="nobr">94-241,</span> enacted March 24). Eligibility for <abbr class="spell">SSI</abbr> is extended to residents of the Northern Mariana Islands, effective January 9, 1978.</p>
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<p><b>1980</b> (Public Law <span class="nobr">96-265,</span> enacted June 9). The income and resources of the immigration sponsors of aliens applying for <abbr class="spell">SSI</abbr> are considered in determining eligibility for and the amount of payment. After allowances for the needs of the sponsor and his/her family, the remainder is deemed available for the support of the alien applicant for a <span class="nobr">3-year</span> period after admission to the United States for permanent residence. This provision does not apply to those who become blind or disabled after admission, to refugees, or to persons granted political asylum. (See section “Deeming of Income and Resources” for subsequent changes to sponsor-to-alien deeming provisions.)</p>
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<p><b>1989</b> (Public Law <span class="nobr">101-239,</span> enacted December 19). <abbr class="spell">SSI</abbr> eligibility is continued for a disabled or blind child who was receiving <abbr class="spell">SSI</abbr> benefits while living in the United States and is now living with a parent who is a member of the <abbr>U.S.</abbr> Armed Forces assigned to permanent duty ashore outside the United States, but not where the parent is stationed in Puerto Rico or the territories and possessions of the United States.</p>
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<p><b>1993</b> (Public Law <span class="nobr">103-66,</span> enacted August 10). Above provision made applicable where the parent is a member of the <abbr>U.S.</abbr> Armed Forces and stationed in Puerto Rico or the territories and possessions of the United States.</p>
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<p><b>1996</b> (Public Law <span class="nobr">104-193,</span> enacted August 22). Prohibits <abbr class="spell">SSI</abbr> eligibility for anyone who is not a <abbr>U.S.</abbr> citizen or national. Aliens are not eligible unless they meet the definition of “qualified alien” and the criteria for certain exception categories, such as lawful permanent residents who earn or can be credited with 40 qualifying quarters of earnings, certain refugee categories that may be granted time-limited eligibility, or active-duty <abbr>U.S.</abbr> military or veterans and their spouses and children. For aliens ineligible under the new standards who were receiving <abbr class="spell">SSI</abbr> as of August 22, 1996, extends eligibility 1 year from enactment.</p>
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<p>(Public Law <span class="nobr">104-208,</span> enacted September 30). Amends Public Law <span class="nobr">104-193</span> to add to the list of “qualified aliens” certain noncitizens (and their children) who have been battered or subjected to extreme cruelty by a spouse or parent or a member of the spouse's or parent's family living in the same household.</p>
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<p><b>1997</b> (Public Law <span class="nobr">105-18,</span> enacted June 12). Extends eligibility for aliens receiving <abbr class="spell">SSI</abbr> as of August 22, 1996, until September 30, 1997, for those found ineligible under the new alien standards of Public Law <span class="nobr">104-193.</span></p>
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<p>(Public Law <span class="nobr">105-33,</span> enacted August 5). Further amends Public Law <span class="nobr">104-193</span> to add Cuban and Haitian entrants, and the child of a parent who has been battered or subjected to extreme cruelty, to the list of qualified aliens. Provides that Cuban and Haitian entrants and Amerasian immigrants qualify for time-limited eligibility, and increases the time limit from 5 to 7 years for all time-limited categories. Additional exceptions are added for qualified aliens: (1) lawfully residing in the United States and receiving <abbr class="spell">SSI</abbr> benefits on August 22, 1996; and (2) lawfully residing in the United States on August 22, 1996, and meeting the definition of blind or disabled in the Social Security Act.</p>
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<p>Certain noncitizen American Indians are excepted from the alien nonpayment provisions of Public Law <span class="nobr">104-193.</span></p>
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<p>Extends eligibility for “nonqualified aliens” receiving <abbr class="spell">SSI</abbr> as of August 22, 1996, until September 30, 1998.</p>
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<p><b>1998</b> (Public Law <span class="nobr">105-306,</span> enacted October 28). Permanently extends eligibility of all remaining “nonqualified aliens” who were receiving <abbr class="spell">SSI</abbr> benefits when Public Law <span class="nobr">104-193</span> was enacted on August 22, 1996.</p>
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<p><b>2000</b> (Public Law <span class="nobr">106-386,</span> enacted October 28). Noncitizens, regardless of their immigration status, may be eligible for <abbr class="spell">SSI</abbr> to the same extent as refugees, if they are determined to be victims of “severe forms of trafficking in persons.”</p>
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<p><b>2004</b> (Public Law <span class="nobr">108-203,</span> enacted March 2). Extends <abbr class="spell">SSI</abbr> eligibility to blind or disabled children who are <abbr>U.S.</abbr> citizens living with a parent assigned to permanent <abbr>U.S.</abbr> military duty outside of the United States and who were not receiving <abbr class="spell">SSI</abbr> benefits when living in the United States. Previously, only blind or disabled children who received an <abbr class="spell">SSI</abbr> benefit for the month before the parent reported for permanent duty abroad were eligible. Effective April 2004 for applications filed after enactment.</p>
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<p><b>2007</b> (Public Law <span class="nobr">110-161,</span> enacted December 26). Provides certain Iraqi and Afghan aliens with special immigrant status, as described in <span class="nobr">section 101(a)(27)</span> of the Immigration and Nationality Act. As special immigrants, these Iraqi and Afghan aliens are eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of such Act (admission of refugees in emergency situations) for a period not to exceed 6 months.</p>
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<p><b>2008</b> (Public Law <span class="nobr">110-181,</span> enacted January 28). Provides certain Iraqi aliens who have provided service to the United States with special immigrant status, as described in <span class="nobr">section 101(a)(27)</span> of the Immigration and Nationality Act. As special immigrants, these Iraqis are eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of such Act (admission of refugees in emergency situations) for a period not to exceed 8 months.</p>
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<p>(Public Law <span class="nobr">110-328,</span> enacted September 30). Extends the <span class="nobr">7-year</span> <abbr class="spell">SSI</abbr> eligibility period for certain refugees, asylees, and other humanitarian immigrants (including victims of human trafficking) to 9 years for the period October 1, 2008 through September 30, 2011. For those with naturalization applications pending or awaiting the swearing-in ceremony, the eligibility period is extended through September 30, 2011. Also applies to the noncitizens whose <abbr class="spell">SSI</abbr> had previously ceased because the <span class="nobr">7-year</span> period had expired. For these noncitizens, <abbr class="spell">SSI</abbr> benefits will be paid for months in the period October 1, 2008 through September 30, 2011, for the duration of the noncitizen's reestablished eligibility.</p>
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<p><b>2009</b> (Public Law <span class="nobr">111-118,</span> enacted December 19). Eliminates the <span class="nobr">8-month</span> time limit on <abbr class="spell">SSI</abbr> eligibility for certain Iraqi and Afghan refugees who have provided service to the United States. The time-limited eligibility for these individuals is now the same period applicable to other humanitarian refugees.</p>
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<p><b>2022</b> (Public Law <span class="nobr">117-128,</span> enacted May 21). Allows certain citizens of Ukraine, nationals of Ukraine, or individuals with no nationality who last habitually resided in Ukraine to be eligible for <abbr class="spell">SSI</abbr> benefits.</p>
|
|
<p>(Public Law <span class="nobr">117-328,</span> enacted December 29). Allows certain citizens of Afghanistan, nationals of Afghanistan, or individuals who last habitually resided in Afghanistan and were paroled into the United States to be eligible for <abbr class="spell">SSI</abbr> benefits if they entered the United States during a certain period.</p>
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<h4>Other Benefits</h4>
|
|
<p><b>1980</b> (Public Law <span class="nobr">96-272,</span> enacted June 17). <abbr class="spell">SSI</abbr> applicants and recipients are not required as a condition of eligibility to elect to receive Veterans Administration pensions under the Veterans and Survivors' Pension Improvement Act of 1978 if the state of residence lacks a medically needy program under Title <abbr title="nineteen">XIX</abbr>.</p>
|
|
<h4>Drug Addiction and Alcoholism (<abbr class="spell">DAA</abbr>)</h4>
|
|
<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). Any disabled individual who has been medically determined to be an alcoholic or drug addict must accept appropriate treatment, if available, in an approved facility and demonstrate compliance with conditions and requirements for treatment.</p>
|
|
<p><abbr class="spell">SSI</abbr> payments are required to be made through a representative payee—another person or public or private agency designated by <abbr class="spell">SSA</abbr> to manage the recipient's benefit on his/her behalf.</p>
|
|
<p><b>1994</b> (Public Law <span class="nobr">103-296,</span> enacted August 15). Any individual who is receiving <abbr class="spell">SSI</abbr> based on a disability where drug addiction or alcoholism is a contributing factor material to the finding of disability must comply with the <abbr class="spell">DAA</abbr> treatment requirements. The individual must accept appropriate treatment when it is available and comply with the conditions and terms of treatment. Instances of noncompliance with the requirements result in progressively longer payment suspensions. Before payments can resume, the individual must demonstrate compliance for specific periods; 2 months, 3 months, and 6 months, respectively, for the first, second, third, and subsequent instances of noncompliance. An individual who is not in compliance with the <abbr class="spell">DAA</abbr> treatment requirements for 12 consecutive months shall not be eligible for payments; however, this does not prevent such individuals from reapplying and again becoming eligible for payments.</p>
|
|
<p><abbr class="spell">SSI</abbr> disability payments based on <abbr class="spell">DAA</abbr> are also limited to a total of 36 benefit months (beginning March 1995) regardless of whether appropriate treatment is available. Months for which benefits are not due and received do not count toward the <span class="nobr">36-month</span> limit.</p>
|
|
<p>Payments based on <abbr class="spell">DAA</abbr> must be made to a representative payee. Preference is required to be given to community based nonprofit social service agencies and federal, state, or local government agencies in representative payee selection. These agencies when serving as payees for individuals receiving payments based on <abbr class="spell">DAA</abbr> may retain the lesser of 10 percent of the monthly benefit or $50 (adjusted annually after 1995 by the Consumer Price Index [<abbr class="spell">CPI</abbr>]) as compensation for their services.</p>
|
|
<p>Establishment of one or more referral and monitoring agencies for each state is required.</p>
|
|
<p><b>1996</b> (Public Law <span class="nobr">104-121,</span> enacted March 29). An individual is not considered disabled if <abbr class="spell">DAA</abbr> is a contributing factor material to a finding of disability.</p>
|
|
<p>Applies <abbr class="spell">DAA</abbr> representative payee requirements enacted under Public Law <span class="nobr">103-296</span> to disabled <abbr class="spell">SSI</abbr> recipients who have a <abbr class="spell">DAA</abbr> condition and are incapable of managing their benefits. In addition, these recipients shall be referred to the appropriate state agency administering the state plan for substance abuse treatment.</p>
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|
<h4>Institutionalization</h4>
|
|
<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). An individual who is an inmate of a public institution is ineligible for <abbr class="spell">SSI</abbr> payments unless the institution is a facility approved for Medicaid payments and is receiving such payments on behalf of the person. Under <i>regulations</i>, the Medicaid payment must represent more than 50 percent of the cost of services provided by the facility to the individual.</p>
|
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<p><b>1976</b> (Public Law <span class="nobr">94-566,</span> enacted October 20). An inmate of a publicly operated community residence serving no more than 16 persons may, if otherwise eligible, receive <abbr class="spell">SSI</abbr>.</p>
|
|
<p><b>1983</b> (Public Law <span class="nobr">98-21,</span> enacted April 20). Payments may be made to persons who are residents of public emergency shelters for the homeless for a period of up to 3 months in any <span class="nobr">12-month</span> period.</p>
|
|
<p><b>1986</b> (Public Law <span class="nobr">99-643,</span> enacted November 10). Effective July 1, 1987, disabled or blind recipients who were receiving special <abbr class="spell">SSI</abbr> payments or had special <abbr class="spell">SSI</abbr> recipient status under section 1619 in the month preceding the first full month of institutionalization, may receive payments based on the full federal benefit rate for the initial 2 full months of institutionalization, if they reside in certain public medical, psychiatric, or Medicaid facilities or in private Medicaid facilities.</p>
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|
<p><b>1987</b> (Public Law <span class="nobr">100-203,</span> enacted December 22). Effective January 1, 1988, payments may be made to persons who are residents of public emergency shelters for the homeless, for up to 6 months in a <span class="nobr">9-month</span> period.</p>
|
|
<p>Effective July 1, 1988, continued <abbr class="spell">SSI</abbr> payments for up to 3 months are permitted, at the rate that was applicable in the month prior to the first full month of institutionalization, for individuals whose expected institutional stay on admission is not likely to exceed 3 months, as certified by a physician, and for whom the receipt of payments is necessary to maintain living arrangements to which they may return.</p>
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|
<p><b>1996</b> (Public Law <span class="nobr">104-193,</span> enacted August 22). Effective December 1996, institutionalized children under age 18 whose private health insurance is making payments to the institution may receive no more than $30 per month in federal <abbr class="spell">SSI</abbr>.</p>
|
|
<p><b>2009</b> (Public Law <span class="nobr">111-115,</span> enacted December 15). Prohibits the payment of any retroactive <abbr class="spell">SSI</abbr> benefits to individuals while they are in prison, are in violation of conditions of their parole or probation, or are fleeing to avoid prosecution for a felony or a crime punishable by sentence of more than 1 year. These retroactive benefits will not be paid until the beneficiary is no longer a prisoner, probation or parole violator, or fugitive felon.</p>
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|
<h4>Vocational Rehabilitation (<abbr class="spell">VR</abbr>) and Treatment</h4>
|
|
<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). Blind or disabled individuals receiving federal <abbr class="spell">SSI</abbr> benefits who are under age 65 must be referred to the state agency providing services under the Vocational Rehabilitation Act and must accept the services offered. States are reimbursed for the cost of services.</p>
|
|
<p><b>1976</b> (Public Law <span class="nobr">94-566,</span> enacted October 20). Blind or disabled children under age 16 must be referred to the state agency administering crippled children's services or to another agency designated by the state. States are reimbursed for the cost of services.</p>
|
|
<p>Of funds provided for these services, at least 90 percent must be used for children under age 6 or for those who have never attended public schools.</p>
|
|
<p><b>1980</b> (Public Law <span class="nobr">96-265,</span> enacted June 9). Disabled <abbr class="spell">SSI</abbr> recipients who medically recover while enrolled in approved <abbr class="spell">VR</abbr> programs of state <abbr class="spell">VR</abbr> agencies may continue to receive benefits during their participation in such programs if the Commissioner of Social Security determines that continuation in the program will increase the probability that they leave the rolls permanently.</p>
|
|
<p><b>1981</b> (Public Law <span class="nobr">97-35,</span> enacted August 13). Funding no longer provided under Title <abbr title="sixteen">XVI</abbr> for medical, social, developmental, and rehabilitative services to disabled or blind children.</p>
|
|
<p>Reimbursement for the cost of rehabilitation services will only be made if the services result in the recipient's return to work for a continuous period of 9 months. The work must be at the <abbr class="spell">SGA</abbr> earnings level.</p>
|
|
<p><b>1984</b> (Public Law <span class="nobr">98-460,</span> enacted October 9). Authorizes the reimbursement of states for the cost of <abbr class="spell">VR</abbr> services provided to individuals who (1) continue to receive benefits after medical recovery because they are participating in a state <abbr class="spell">VR</abbr> program or (2) refuse, without good cause, to continue in or cooperate with the <abbr class="spell">VR</abbr> program in which they had been participating.</p>
|
|
<p><b>1987</b> (Public Law <span class="nobr">100-203,</span> enacted December 22). Extends the provision for continuation of payments to disabled <abbr class="spell">SSI</abbr> recipients who have medically recovered while enrolled in an approved <abbr class="spell">VR</abbr> program to include blind <abbr class="spell">SSI</abbr> recipients.</p>
|
|
<p><b>1990</b> (Public Law <span class="nobr">101-508,</span> enacted November 5). Reimbursement authorized for the cost of <abbr class="spell">VR</abbr> services provided in months in which the individual was not receiving federal <abbr class="spell">SSI</abbr> payments, if</p>
|
|
<ul>
|
|
<li><abbr class="spell">SSI</abbr> recipient status for Medicaid eligibility purposes was retained under work incentive provisions, or</li>
|
|
<li>Benefits were suspended<sup><a href="#mn3" id="mt3">3</a></sup> (for a reason other than cessation of disability or blindness), or</li>
|
|
<li>Federally administered state supplementation was received.</li>
|
|
</ul>
|
|
<p>Extends benefit continuation provision to disabled <abbr class="spell">SSI</abbr> recipients who medically recover while participating in a nonstate <abbr class="spell">VR</abbr> program.</p>
|
|
<p><b>1999</b> (Public Law <span class="nobr">106-170,</span> enacted December 17). Establishes a Ticket to Work and Self-Sufficiency program that will provide <abbr class="spell">SSI</abbr> (and <abbr class="spell">OASDI</abbr>) disability beneficiaries with a ticket that can be used to obtain <abbr class="spell">VR</abbr> services, employment services, or other support services, from an employment network (<abbr class="spell">EN</abbr>) of their choice.</p>
|
|
<p>An <abbr class="spell">EN</abbr> chooses one of the two <abbr class="spell">EN</abbr> payment options at the time it submits an application to <abbr class="spell">SSA</abbr> to become an <abbr class="spell">EN</abbr>. The chosen payment system will apply to all beneficiaries served. An <abbr class="spell">EN</abbr> can elect to receive payment under the</p>
|
|
<ul>
|
|
<li>Outcome payment system, under which it can receive payment for up to 60 outcome payment months; or</li>
|
|
<li>Outcome-milestone payment system, under which it can receive payment for up to four milestones in addition to outcome payments. These milestones must occur before the <abbr class="spell">EN</abbr> enters the first month for which it is eligible for an outcome payment. Four milestone payments plus 60 months of reduced outcome payments equal 85 percent of the total that would be available if the <abbr class="spell">EN</abbr> chose the outcome payment system.</li>
|
|
</ul>
|
|
<p>The four milestones are based on gross earnings exceeding the <abbr class="spell">SGA</abbr> level for specified months. An outcome payment month is any month in which <abbr class="spell">SSA</abbr> does not pay any federal disability cash benefits to a beneficiary because of work or earnings.</p>
|
|
<p>Also eliminates the requirement that blind or disabled <abbr class="spell">SSI</abbr> recipients aged 16 through 64 be referred to the state <abbr class="spell">VR</abbr> agency and accept the services offered.</p>
|
|
<p><b>2008</b> Under a <i>regulation</i> effective July 21, 2008, revising an initial <i>regulation</i> effective January 28, 2002:</p>
|
|
<ul>
|
|
<li>The outcome payment system provides that <abbr class="spell">EN</abbr>s can receive payment for up to 60 outcome payment months for an <abbr class="spell">SSI</abbr> beneficiary and up to 36 outcome payment months for an <abbr class="spell">OASDI</abbr> beneficiary (including a concurrent <abbr class="spell">OASDI</abbr>/<abbr class="spell">SSI</abbr> disability beneficiary), with the reduction in available number of outcome months for <abbr class="spell">OASDI</abbr> beneficiaries offset by an increased outcome payment; and</li>
|
|
<li>The outcome-milestone payment system provides that <abbr class="spell">EN</abbr>s can receive the following milestone payments in addition to outcome payments:
|
|
<ul>
|
|
<li>Up to four Phase 1 milestones achieved by either an <abbr class="spell">OASDI</abbr> or <abbr class="spell">SSI</abbr> beneficiary; and</li>
|
|
<li>Up to 11 Phase 2 milestones achieved by an <abbr class="spell">OASDI</abbr> or concurrent beneficiary or up to 18 Phase 2 milestones achieved by an <abbr class="spell">SSI</abbr> beneficiary.</li>
|
|
</ul>
|
|
</li>
|
|
</ul>
|
|
<p>Phase 1 milestones are based on gross earnings at or above trial work level for specified months, and Phase 2 milestones are based on gross earnings exceeding the substantial gainful activity level for specified months. These milestones must occur before the <abbr class="spell">EN</abbr> enters the first month for which it is eligible for an outcome payment. If an available milestone payment is not paid prior to the outcome period, it is payable in a reconciliation payment when the beneficiary reaches the 12th outcome month. This payment amount is equal to the total amount of unpaid Phase 1 and Phase 2 milestones that were available when the ticket was first assigned. The Phase 1 and Phase 2 milestone payments and outcome payments equal 90 percent of the total that would be available if the <abbr class="spell">EN</abbr> chose the outcome payment system.</p>
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<h4>Continuing Disability Reviews and Eligibility Redeterminations</h4>
|
|
<p><b>1994</b> (Public Law <span class="nobr">103-296,</span> enacted August 15). During each of fiscal years 1996, 1997, and 1998, requires <abbr class="spell">SSA</abbr> to conduct continuing disability reviews (<abbr class="spell">CDR</abbr>s) on a minimum of 100,000 <abbr class="spell">SSI</abbr> recipients. In addition, during the same period, requires <abbr class="spell">SSA</abbr> to redetermine the <abbr class="spell">SSI</abbr> eligibility of at least <span class="nobr">one-third</span> of all child <abbr class="spell">SSI</abbr> recipients who reach age 18 after April 1995 during the <span class="nobr">1-year</span> period following attainment of age 18. Redeterminations for persons turning age 18 could count toward the 100,000 <abbr class="spell">CDR</abbr> requirement.</p>
|
|
<p><b>1996</b> (Public Law <span class="nobr">104-193,</span> enacted August 22). Repeals the requirement that <abbr class="spell">SSA</abbr> redetermine the eligibility of at least <span class="nobr">one-third</span> of all child <abbr class="spell">SSI</abbr> recipients who reach age 18 after April 1995 during the <span class="nobr">1-year</span> period following attainment of age 18.</p>
|
|
<p>Requires a <abbr class="spell">CDR</abbr></p>
|
|
<ul>
|
|
<li>At least once every 3 years for <abbr class="spell">SSI</abbr> recipients under age 18 who are eligible by reason of an impairment that is likely to improve, and</li>
|
|
<li>Not later than 12 months after birth for recipients whose low birth weight is a contributing factor material to the determination of their disability.</li>
|
|
</ul>
|
|
<p>Requires eligibility redetermination for all child <abbr class="spell">SSI</abbr> recipients eligible for the month before the month in which they attain age 18.</p>
|
|
<p>Requires redetermination of eligibility for children considered disabled based on an individual functional assessment and/or consideration of maladaptive behavior.</p>
|
|
<p>Requires the representative payee of a child <abbr class="spell">SSI</abbr> recipient whose continuing eligibility is being reviewed to present evidence that the recipient is receiving treatment that is considered medically necessary and available for the condition which was the basis for providing <abbr class="spell">SSI</abbr> benefits.</p>
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<p><b>1997</b> (Public Law <span class="nobr">105-33,</span> enacted August 5). Modifies provision of Public Law <span class="nobr">104-193</span> to extend from 12 to 18 months the period for redetermining the disability of children under age 18 under the new childhood disability standard.</p>
|
|
<p>Modifies provision of Public Law <span class="nobr">104-193</span> to permit <abbr class="spell">SSA</abbr> to schedule a <abbr class="spell">CDR</abbr> for a disabled child for whom low birth weight is a contributing factor material to the determination of disability, at a date after the child's first birthday if the Commissioner determines the impairment is not expected to improve within 12 months of the child's birth.</p>
|
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<p>Modifies provision of Public Law <span class="nobr">104-193</span> to authorize <abbr class="spell">SSA</abbr> to make redeterminations of disabled childhood recipients who attain age 18, more than 1 year after the date such recipient attains age 18.</p>
|
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<p><b>1999</b> (Public Law <span class="nobr">106-170,</span> enacted December 17). Prohibits the initiation of a <abbr class="spell">CDR</abbr> during the period that a recipient is “using a ticket” under the Ticket to Work program.</p>
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|
<h4>Deeming of Income and Resources</h4>
|
|
<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). Deeming occurs when the income and resources of certain family members living in the same household with the <abbr class="spell">SSI</abbr> recipient are considered in determining the amount of the <abbr class="spell">SSI</abbr> payment. These family members are the ineligible spouse of an adult recipient and the ineligible parents of a child recipient under age 21.</p>
|
|
<p>After deduction of personal allocations for the spouse (or parents) and for ineligible children in the home, and after application of income exclusions, any remaining income of the spouse (or parents) is added to the income of the eligible person.</p>
|
|
<p><b>1980</b> (Public Law <span class="nobr">96-265,</span> enacted June 9). Children aged 18 or older are not subject to parental deeming.</p>
|
|
<p>Sponsor's income and resources deemed to an alien for 3 years.</p>
|
|
<p><b>1989</b> (Public Law <span class="nobr">101-239,</span> enacted December 19). Disabled children receiving home care services under state Medicaid programs, who are ineligible for <abbr class="spell">SSI</abbr> because of deeming of parental income, and who received <abbr class="spell">SSI</abbr> benefits limited to $30 while in a medical treatment facility, may receive the $30 monthly allowance that would be payable if the recipient were institutionalized.</p>
|
|
<p><b>1993</b> (Public Law <span class="nobr">103-152,</span> enacted November 24). Sponsor-to-alien deeming period extended from 3 years to 5 years, effective January 1, 1994, through September 30, 1996.</p>
|
|
<p>Considers an ineligible spouse or parent who is absent from the household because of active military service to be a member of the household for deeming purposes.</p>
|
|
<p><b>1996</b> (Public Law <span class="nobr">104-193,</span> enacted August 22). Deeming of income and resources from an immigration sponsor to a noncitizen continues until citizenship, with exceptions for those who earn, or can be credited with, 40 qualifying quarters of earnings. Effective for those whose sponsor signs a new legally enforceable affidavit of support.</p>
|
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<p>(Public Law <span class="nobr">104-208,</span> enacted September 30). Amends Public Law <span class="nobr">104-193</span> to add two exceptions to the sponsor-to-alien deeming:</p>
|
|
<ul>
|
|
<li>Provides that if the noncitizen is indigent and would be unable to obtain food and shelter without <abbr class="spell">SSI</abbr> benefits even after receiving support from the sponsor, then only the amount of income and resources actually provided by the sponsor will be counted for a <span class="nobr">12-month</span> period after a determination of indigence; and</li>
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|
<li>Provides that in certain cases, deeming would not apply for a <span class="nobr">12-month</span> period (with some options for extension) if the noncitizen (or his/her children) has been battered or subjected to extreme cruelty by family members.</li>
|
|
</ul>
|
|
<p><b>1997</b> (Public Law <span class="nobr">105-33,</span> enacted August 5). Amends Public Law <span class="nobr">104-208</span> to add an additional exception to sponsor-to-alien deeming when the parent of a noncitizen has been battered or subjected to extreme cruelty by family members.</p>
|
|
<p><b>2006</b> (Public Law <span class="nobr">109-163,</span> enacted January 6). Provides that individuals who were made ineligible for <abbr class="spell">SSI</abbr> because of their spouses or parents being called to active military duty would not have to file a new application for <abbr class="spell">SSI</abbr> benefits if they again could be eligible for benefits before the end of 24 consecutive months of ineligibility.</p>
|
|
<h3>Federal Benefit Payments</h3>
|
|
<h4>Federal Benefit Rates</h4>
|
|
<p>Basic benefit standards are used in computing the amount of federal <abbr class="spell">SSI</abbr> payments. Benefit levels differ for individuals and couples living in households and for persons in Medicaid institutions. Individuals or couples living in their own households receive the full federal benefit. If an individual or couple is living in another person's household and receiving support and maintenance there, the federal benefit is reduced by <span class="nobr">one-third</span>. The federal benefit rates for persons in households are increased annually to reflect increases in the cost of living. Legislation affecting the level of federal benefit rates since the inception of the <abbr class="spell">SSI</abbr> program are summarized in <a href="2b.html#table2.b1">Table 2.B1</a>.</p>
|
|
<h4>Windfall Offset</h4>
|
|
<p><b>1980</b> (Public Law <span class="nobr">96-265,</span> enacted June 9). Requires an offset (by reducing retroactive Social Security benefits) for persons whose initial <abbr class="spell">OASDI</abbr> payment is retroactive, to equalize total benefits with those if paid when regularly due.</p>
|
|
<p><b>1984</b> (Public Law <span class="nobr">98-369,</span> enacted July 18). Expands offset provision to allow for reduction of retroactive <abbr class="spell">SSI</abbr> benefits and to apply in cases of <abbr class="spell">OASDI</abbr> benefit reinstatement.</p>
|
|
<h4>Proration of Benefit</h4>
|
|
<p><b>1982</b> (Public Law <span class="nobr">97-248,</span> enacted September 3). Benefit for first month of eligibility to be prorated by the number of days in the month for which an application has been filed and there is eligibility.</p>
|
|
<p><b>1996</b> (Public Law <span class="nobr">104-193,</span> enacted August 22). Changes the effective date of an <abbr class="spell">SSI</abbr> application to the first day of the month following the date on which the application was filed or on which the individual first becomes eligible, whichever is later. This, in effect, eliminates prorated payments in initial claims.</p>
|
|
<h4>Retrospective Monthly Accounting</h4>
|
|
<p><b>1981</b> (Public Law <span class="nobr">97-35,</span> enacted August 13). Changes the method of computing the <abbr class="spell">SSI</abbr> benefit to one under which the benefit amount is computed on a monthly basis and is based on income and other characteristics in the previous (or second previous) month.</p>
|
|
<p><b>1984</b> (Public Law <span class="nobr">98-369,</span> enacted July 18). Changes the method of computing the <abbr class="spell">SSI</abbr> benefit to persons receiving Title <abbr title="two">II</abbr> payments. The effect of the increased Title <abbr title="two">II</abbr> income at the time of the cost-of-living increase is not delayed as it otherwise would be.</p>
|
|
<p><b>1987</b> (Public Law <span class="nobr">100-203,</span> enacted December 22). Provides an exception to retrospective monthly accounting so that amounts received under Aid to Families with Dependent Children (<abbr class="spell">AFDC</abbr>), foster care, refugee cash assistance, Cuban-Haitian entrant assistance, or general and child welfare assistance provided by the Bureau of Indian Affairs are counted only in the month received.</p>
|
|
<p><b>1993</b> (Public Law <span class="nobr">103-66,</span> enacted August 10). Changes the method of computing the <abbr class="spell">SSI</abbr> benefit to persons receiving the value of the <span class="nobr">one-third</span> reduction. The effect of the increased value at the time of the cost-of-living increase is not delayed as it otherwise would be. Effective January 1995.</p>
|
|
<p><b>2004</b> (Public Law <span class="nobr">108-203,</span> enacted March 2). Eliminates triple counting of <span class="nobr">one-time,</span> nonrecurring income by providing that this income will be counted only for the month that the income is received and not for any other month during the transition to retrospective monthly accounting during the first 3 months of an individual's <abbr class="spell">SSI</abbr> eligibility. Effective April 2005.</p>
|
|
<h4>Uncashed Checks</h4>
|
|
<p><b>1981</b> (Public Law <span class="nobr">97-35,</span> enacted August 13). States that have federally administered supplements are to be credited their share of <abbr class="spell">SSI</abbr> checks that remain unnegotiated for 180 days.</p>
|
|
<p><b>1987</b> (Public Law <span class="nobr">100-86,</span> enacted August 10). <abbr class="spell">SSI</abbr> checks now unnegotiable after 1 year. States are credited their share of <abbr class="spell">SSI</abbr> checks after 1 year rather than 180 days.</p>
|
|
<h4>Rounding of Payment Amounts</h4>
|
|
<p><b>1982</b> (Public Law <span class="nobr">97-248,</span> enacted September 3). Cost-of-living adjustments in the federal <abbr class="spell">SSI</abbr> benefit and income eligibility levels are to be rounded to the next lower whole dollar, after the adjustment is calculated. Subsequent cost-of-living adjustments will be calculated on the previous year's benefit standard before rounding.</p>
|
|
<h4>Penalties Resulting in Nonpayment of Benefits for False or Misleading Statements</h4>
|
|
<p><b>1999</b> (Public Law <span class="nobr">106-169,</span> enacted December 14). Provides for the nonpayment of <abbr class="spell">OASDI</abbr> and <abbr class="spell">SSI</abbr> benefits (6, 12, and 24 months, respectively, for the first, second, and third or subsequent violations) for individuals found to have knowingly made a false or misleading statement of material fact for use in determining eligibility for benefits.</p>
|
|
<p><b>2004</b> (Public Law <span class="nobr">108-203,</span> enacted March 2). Expands the administrative sanction of nonpayment of benefits to situations in which an individual has failed to disclose material information, if the person knew or should have known that such failure was misleading.</p>
|
|
<p>Authorizes federal courts to order a defendant convicted of defrauding Social Security, Special Veterans' Benefits, or <abbr class="spell">SSI</abbr> to make restitution to <abbr class="spell">SSA</abbr>. Restitution funds would be deposited to the trust funds or general fund of the Treasury, as appropriate. Effective with respect to violations occurring on or after the date of enactment.</p>
|
|
<h4>Installment Payments</h4>
|
|
<p><b>1996</b> (Public Law <span class="nobr">104-193,</span> enacted August 22). Establishes a schedule for paying retroactive <abbr class="spell">SSI</abbr> benefit amounts that exceed 12 times the federal benefit rate (<abbr class="spell">FBR</abbr>) plus the state supplement level. Payments would be made at <span class="nobr">6-month</span> intervals:</p>
|
|
<ul>
|
|
<li>The first installment would be 12 times the <abbr class="spell">FBR</abbr> plus any federally administered state supplement.</li>
|
|
<li>Any remaining retroactive benefits would be paid in a second installment (not to exceed the first payment amount).</li>
|
|
<li>All remaining retroactive benefits would be paid in the third installment.</li>
|
|
</ul>
|
|
<p>Provides that where an underpaid individual has incurred debts to provide for food, clothing, or shelter, has expenses for disability-related items and services that exceed the installment amount, or has entered into a contract to purchase a home, the installment payment would be increased by the amount needed to cover those debts, expenses, and obligations.</p>
|
|
<p>Provides that full retroactive payments be paid to an individual who is terminally ill or, if currently ineligible, is likely to remain so for the next 12 months.</p>
|
|
<p><b>2006</b> (Public Law <span class="nobr">109-171,</span> enacted February 8). Requires that <span class="nobr">past-due</span> monthly <abbr class="spell">SSI</abbr> benefits that exceed three times the maximum monthly benefit (federal benefit rate plus state supplementary payment amount, if any) payable to the individual be paid in up to three installment payments, 6 months apart. Also, limits the amount of the first two installment payments to three times the maximum monthly benefit. All remaining benefits due are to be paid in the third installment. As under current law, the amounts of the installment payments may be increased in certain cases, such as those in which the individual has outstanding debt relating to food, clothing, or shelter, or has necessary medical needs. Effective 3 months after enactment.</p>
|
|
<p><b>2009</b> (Public Law <span class="nobr">111-115,</span> enacted December 15). Prohibits the payment of any retroactive <abbr class="spell">SSI</abbr> benefits to individuals while they are in prison, in violation of conditions of their parole or probation; or fleeing to avoid prosecution, custody, or confinement for a felony or a crime punishable by sentence of more than one year.</p>
|
|
<h3>Exclusions from Income</h3>
|
|
<h4>General Exclusions</h4>
|
|
<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). The first $60 of earned or unearned income per calendar quarter for an individual or couple; the next $195 and <span class="nobr">one-half</span> the remainder of quarterly earned income. Unearned income includes Social Security benefits, other government or private pensions, veterans' benefits, and workers' compensation.</p>
|
|
<p><b>1981</b> (Public Law <span class="nobr">97-35,</span> enacted August 13). The first $20 of earned or unearned income per month for an individual or couple; the next $65 and <span class="nobr">one-half</span> the remainder of monthly earned income. Unearned income includes Social Security benefits, other government or private pensions, veterans' benefits, and workers' compensation.</p>
|
|
<p><b>2000</b> (Public Law <span class="nobr">106-554,</span> enacted December 21). Earnings of persons defined as Social Security statutory employees are treated as self-employment income for <abbr class="spell">SSI</abbr> purposes.</p>
|
|
<h4>Special Exclusions</h4>
|
|
<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). Any amount of tax rebate issued to an individual by any public agency that is based on either real property or food purchase taxes.</p>
|
|
<p>Grants, scholarships, and fellowships used to pay tuition and fees at an educational institution.</p>
|
|
<p>Income required for achieving an approved self-support plan for blind or disabled persons.</p>
|
|
<p>Work expenses of blind persons.</p>
|
|
<p>For blind persons transferred from state programs to <abbr class="spell">SSI</abbr>, income exclusions equal to the maximum amount permitted as of October 1972 under the state programs.</p>
|
|
<p>Irregularly or infrequently received income totaling $60 or less of unearned income and $30 of earned income in a calendar quarter.</p>
|
|
<p>Payment for foster care of ineligible child residing in recipient's home through placement by a public or private nonprofit child care agency.</p>
|
|
<p><span class="nobr">One-third</span> of any payment received from an absent parent for the support of a child eligible for <abbr class="spell">SSI</abbr>.</p>
|
|
<p>Certain earnings of a blind or disabled child under age 22 regularly attending an educational institution.</p>
|
|
<p>State or local government cash payments based on need and designed to supplement <abbr class="spell">SSI</abbr> payments.</p>
|
|
<p><b>1976</b> (Public Law <span class="nobr">94-331,</span> enacted June 30). Disaster assistance from income for 9 months and application of <span class="nobr">one-third</span> reduction for 6 months for certain victims of disasters occurring between January 1, 1976, and December 31, 1976.</p>
|
|
<p>(Public Law <span class="nobr">94-566,</span> enacted October 20). Any assistance based on need (including vendor payments) made to or on behalf of <abbr class="spell">SSI</abbr> recipients, which is paid and wholly funded by state or local governments.</p>
|
|
<p>The value of assistance provided under certain federal housing programs.</p>
|
|
<p><b>1977</b> (Public Law <span class="nobr">95-113,</span> enacted September 29). Food stamps, federally donated food, and the value of free or reduced price food for women and children under the Child Nutrition Act and National School Lunch Act.</p>
|
|
<p>(Public Law <span class="nobr">95-171,</span> enacted November 12). Provisions excluding support and maintenance under the Disaster Relief and Emergency Assistance Act of 1974 extended on a permanent basis. Effective January 1, 1978.</p>
|
|
<p><b>1980</b> (Public Law <span class="nobr">96-222,</span> enacted April 1). Earned income tax credit treated as earned income (temporarily excluded from 1975 through 1980).</p>
|
|
<p>(Public Law <span class="nobr">96-265,</span> enacted June 9). Remunerations received in sheltered workshops and work activity centers are considered earned income and qualify for earned income exclusions.</p>
|
|
<p>Impairment-related work expenses paid by the individual (including cost for attendant care, medical equipment, drugs, and services necessary to control an impairment) are deducted from earnings when determining if an individual is engaging in <abbr class="spell">SGA</abbr>. Impairment-related work expenses are excluded in calculating income for benefit purposes if initial eligibility for benefits exists on the basis of countable income without applying this exclusion.</p>
|
|
<p><b>1981</b> (Public Law <span class="nobr">97-35,</span> enacted August 13). Modifies provision under which irregularly or infrequently received income is excluded to conform to change from quarterly to monthly accounting; amounts excludable: $20 or less of unearned income and $10 of earned income in a month.</p>
|
|
<p><b>1982</b> (Public Law <span class="nobr">97-377,</span> enacted December 21). From December 18, 1982, to September 30, 1983, certain home energy assistance payments are excluded if a state agency certified that they are based on need.</p>
|
|
<p><b>1983</b> (Public Law <span class="nobr">97-424,</span> enacted January 6). Support or maintenance assistance (including home energy assistance) provided in kind by a nonprofit organization or in cash or in kind by certain providers of home energy is excluded if the state determines that the assistance is based on need. Provision is applicable through September 1984.</p>
|
|
<p>Certain home energy assistance payments are excluded if a state agency certified that the assistance is based on need. Provision is applicable through June 1985.</p>
|
|
<p><b>1984</b> (Public Law <span class="nobr">98-369,</span> enacted July 18). The 1983 provisions for support and maintenance and home energy assistance continue to October 1, 1987.</p>
|
|
<p><b>1986</b> (Public Law <span class="nobr">99-498,</span> enacted October 17). Educational assistance used for educational expenses under the Higher Education Act of 1965 as amended.</p>
|
|
<p><b>1987</b> (Public Law <span class="nobr">100-203,</span> enacted December 22). The 1983 provisions for support and maintenance and home energy assistance made permanent.</p>
|
|
<p>Excludes death payments (for example, proceeds from life insurance) from <abbr class="spell">SSI</abbr> income determinations to the extent they were spent on last illness and burial.</p>
|
|
<p>Modifies the 1982 resource exclusion for burial funds to extend the exclusion to any burial fund of $1,500 or less maintained separately from all other assets, thereby allowing interest to be excluded from income if retained in the fund.</p>
|
|
<p><b>1988</b> (Public Law <span class="nobr">100-383,</span> enacted August 10). Restitution payments made to Japanese internees and relocated Aleutians.</p>
|
|
<p><b>1989</b> (Public Law <span class="nobr">101-239,</span> enacted December 19). Interest on agreements representing the purchase of an excluded burial space.</p>
|
|
<p>Payments from the Agent Orange Settlement.</p>
|
|
<p>Value of a ticket for domestic travel received as a gift and not cashed.</p>
|
|
<p><b>1990</b> (Public Law <span class="nobr">101-508,</span> enacted November 5). Earned income tax credit (including the child health insurance portion).</p>
|
|
<p>Payments received from a state-administered fund established to aid victims of crime.</p>
|
|
<p>Impairment-related work expenses excluded from income in determining initial eligibility for benefits.</p>
|
|
<p>Payments received as state or local government relocation assistance.</p>
|
|
<p>Payments received under the Radiation Exposure Compensation Act.</p>
|
|
<p>Redefines as earned income, royalties earned in connection with any publication of the individual's work and honoraria received for services rendered (previously defined as unearned income).</p>
|
|
<p><b>1993</b> (Public Law <span class="nobr">103-66,</span> enacted August 10). Hostile fire pay to members of the uniformed services.</p>
|
|
<p>Payments received as state or local government relocation assistance made permanent.</p>
|
|
<p><b>1994</b> (Public Law <span class="nobr">103-286,</span> enacted August 1). Payments to victims of Nazi persecution.</p>
|
|
<p><b>1998</b> (Public Law <span class="nobr">105-285,</span> enacted October 27). Funds made available to an <abbr class="spell">SSI</abbr> recipient by a state or local government or a nonprofit organization as part of the Individual Development Account demonstration project.</p>
|
|
<p>(Public Law <span class="nobr">105-306,</span> enacted October 28). <span class="nobr">In-kind</span> gifts to children with life-threatening conditions by tax-exempt organizations not converted to cash.</p>
|
|
<p>The first $2,000 annually of cash gifts by tax-exempt organizations to, or for the benefit of, individuals under age 18 with life-threatening conditions.</p>
|
|
<p>(Public Law <span class="nobr">105-369,</span> enacted November 12). Payments made under the Ricky Ray Hemophilia Relief Fund Act of 1998.</p>
|
|
<p><b>2000</b> (Public Law <span class="nobr">106-554,</span> enacted December 21). Interest on funds deposited in an individual development account.</p>
|
|
<p>Any adjustments made to prior payments from other federal programs to account for the error in the computation of the Consumer Price Index during 1999.</p>
|
|
<p><b>2001</b> (Public Law <span class="nobr">107-16,</span> enacted June 7). The refundable child tax credit is excluded in determining eligibility for means-tested programs, including <abbr class="spell">SSI</abbr>.</p>
|
|
<p><b>2004</b> (Public Law <span class="nobr">108-203,</span> enacted March 2). Changes the calculation of infrequent and irregular income from a monthly to a quarterly basis.</p>
|
|
<p>Excludes from the determination of an individual's income all interest and dividend income earned on countable resources. Effective July 2004.</p>
|
|
<p>Permits the student earned income exclusion to apply to any individual under age 22 who is a student. Thus, students under age 22 who are married or heads of households would be eligible for the exclusion. Effective April 2005.</p>
|
|
<p>Excludes from the determination of income any gift to an individual for use in paying tuition or educational fees, just as grants, scholarships, and fellowships for such use are currently excluded from the determination of income. Effective June 2004.</p>
|
|
<p><b>2005</b> (Public Law <span class="nobr">109-64,</span> enacted September 20). Amends the National Flood Insurance Act of 1968 to specify that assistance provided under a program for flood mitigation activities with respect to a property would not be considered income or a resource of the owner of the property when determining eligibility for or benefit levels under any income assistance or resource-tested program (including <abbr class="spell">SSI</abbr>) that is funded in whole or in part by a federal agency or by appropriated federal funds.</p>
|
|
<p><b>2006</b> (Public Law <span class="nobr">109-432,</span> enacted December 20). Extends the present law that allows combat pay to be considered for Earned Income Tax Credit (<abbr class="spell">EITC</abbr>) purposes for one additional year (for taxable years ending before January 1, 2008). For <abbr class="spell">SSI</abbr> purposes, <abbr class="spell">EITC</abbr> payments are excluded from income, and are not a countable resource for 9 calendar months following the month of receipt.</p>
|
|
<p><b>2008</b> (Public Law <span class="nobr">110-185,</span> enacted February 13). A rebate payment received under the Economic Stimulus Act of 2008, and any other credit or refund under section 6428 of the Internal Revenue Code, would not be taken into account as income for purposes of <abbr class="spell">SSI</abbr>.</p>
|
|
<p>(Public Law <span class="nobr">110-245,</span> enacted June 17). Privatized military housing allowances withdrawn directly from a servicemember's pay by military payroll and paid to the landlord will be considered <span class="nobr">in-kind</span> income, and the <abbr class="spell">SSI</abbr> benefit reduction attributable to the housing allowance will be capped at <span class="nobr">one-third</span> of the federal benefit rate. In other cases, housing allowances will be considered earned income.</p>
|
|
<p>Excludes any cash or <span class="nobr">in-kind</span> benefits provided under an AmeriCorps program from income consideration. Effective for benefits payable for months beginning 60 days after enactment.</p>
|
|
<p>Excludes annuity payments paid by a state to a person or his or her spouse because the state has determined the person is a veteran and blind, disabled, or aged.</p>
|
|
<p><b>2009</b> (Public Law <span class="nobr">111-5,</span> enacted February 17). A <span class="nobr">one-time</span> economic recovery payment of $250 to <abbr class="spell">SSI</abbr> recipients will not be taken into account as income for purposes of <abbr class="spell">SSI</abbr>.</p>
|
|
<p>The Making Work Pay tax credit, which provides a tax credit in the form of decreased withholding by employers, will not be counted as income.</p>
|
|
<p>A <span class="nobr">one-time</span> payment of $15,000 for eligible Filipino veterans who are citizens of the United States, and $9,000 for eligible veterans who are noncitizens will not be taken into account as income for <abbr class="spell">SSI</abbr> purposes.</p>
|
|
<p><b>2010</b> (Public Law <span class="nobr">111-148,</span> enacted March 23). Excludes incentives an <abbr class="spell">SSI</abbr> recipient with Medicaid receives for participating in an “Incentives for Prevention of Chronic Diseases in Medicaid” (<abbr class="spell">IPCDM</abbr>) program from consideration as income.</p>
|
|
<p>(Public Law <span class="nobr">111-255,</span> enacted October 5). Excludes the first $2,000 received during a calendar year by an <abbr class="spell">SSI</abbr> recipient or spouse as compensation for participation in a clinical trial for rare diseases or conditions from consideration as income. The exclusion is effective for a <span class="nobr">5-year</span> period from date of enactment.</p>
|
|
<p>(Public Law <span class="nobr">111-291,</span> enacted December 8). Excludes any settlement payments to American Indians, under the Claims Resettlement Act of 2010, from consideration as income.</p>
|
|
<p>(Public Law <span class="nobr">111-312,</span> enacted December 17). Excludes federal tax refunds and advance payment of refundable tax credits received after December 31, 2009, but before January 1, 2013, from consideration as income.</p>
|
|
<p><b>2013</b> (Public Law <span class="nobr">112-240,</span> enacted January 2). Makes permanent the exclusion from income of federal tax refunds and advance payment of refundable tax credits.</p>
|
|
<p><b>2015</b> (Public Law <span class="nobr">114-63,</span> enacted October 7). Makes permanent the exclusion of the first $2,000 in payments per calendar year that an <abbr class="spell">SSI</abbr> recipient receives as compensation for participation in certain clinical trials.</p>
|
|
<p><b>2016</b> (Public Law <span class="nobr">114-241,</span> enacted October 7). Excludes from income payments made by a state program intended to compensate individuals who had been sterilized under state authority.</p>
|
|
<h3>Resources</h3>
|
|
<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). Countable resources limited to $1,500 or less for an individual and to $2,250 or less for a couple.</p>
|
|
<p><b>1984</b> (Public Law <span class="nobr">98-369,</span> enacted July 18). Limit on countable resources raised by $100 a year for individuals and $150 a year for couples, beginning in calendar year 1985 through 1989. The respective limits would become $2,000 for an individual and $3,000 for a couple in 1989 and thereafter.</p>
|
|
<p><b>1999</b> (Public Law <span class="nobr">106-169,</span> enacted December 14). Includes generally in the countable resources of an individual the assets of a trust that could be used for the benefit of the individual or spouse.</p>
|
|
<h4>General Exclusions</h4>
|
|
<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). A home of reasonable value—established <i>by regulation</i> as not exceeding a fair-market value of $25,000 ($35,000 in Alaska and Hawaii).</p>
|
|
<p>Personal effects and household goods of reasonable value established <i>by regulation</i> as not exceeding a total market value of $1,500.</p>
|
|
<p>An automobile of reasonable value—established <i>by regulation</i> as not exceeding a market value of $1,200.</p>
|
|
<p>An automobile may be excluded, regardless of value, if the individual's household uses it for employment or medical treatment or if it is modified to be operated by or for transportation of a handicapped person.</p>
|
|
<p>Life insurance with face value of $1,500 or less.</p>
|
|
<p><b>1976</b> (Public Law <span class="nobr">94-569,</span> enacted October 20). The recipient's home, regardless of value, is excluded from consideration in determining resources.</p>
|
|
<p><b>1977</b> (Public Law <span class="nobr">95-171,</span> enacted November 12). Assistance received under the Disaster Relief and Emergency Assistance Act of 1974 for 9 months following receipt.</p>
|
|
<p><b>1979</b> Reasonable value for an automobile increased <i>by regulation</i> to $4,500 of current-market value; personal goods and household effects increased to $2,000 of equity value.</p>
|
|
<p><b>1982</b> (Public Law <span class="nobr">97-248,</span> enacted September 3). The value, within prescribed limits, of a burial space for the recipient, spouse, and immediate family is excluded. In addition, $1,500 each (less the value of already excluded life insurance and any amount in an irrevocable burial arrangement) may be set aside for the burial of the recipient and spouse.</p>
|
|
<p><b>1984</b> (Public Law <span class="nobr">98-369,</span> enacted July 18). The unspent portion of any retroactive Title <abbr title="two">II</abbr> or Title <abbr title="sixteen">XVI</abbr> payment is excluded for 6 months following its receipt, and the individual must be given written notice of the time limit on the exclusion.</p>
|
|
<p><b>1985</b> <i>Regulations</i> permit exclusion, regardless of value, of an automobile needed for essential transportation or modified for a handicapped person. The $4,500 current market value limit applies only if no automobile could be excluded based on the nature of its use.</p>
|
|
<p><b>1987</b> (Public Law <span class="nobr">100-203,</span> enacted December 22). Provides for suspension of the 1980 transfer of assets provision, in any month that it is determined that undue hardship would result.</p>
|
|
<p>Real property that cannot be sold for the following reasons: it is jointly owned; its sale would cause the other <span class="nobr">owner(s)</span> undue hardship because of loss of housing; its sale is barred by a legal impediment; or the owner's reasonable efforts to sell have been unsuccessful.</p>
|
|
<p>Temporarily extends the 1984 exclusion of retroactive Title <abbr title="two">II</abbr> and Title <abbr title="sixteen">XVI</abbr> benefits from 6 months to 9 months (the longer exclusion applies to benefits paid in fiscal years 1988 and 1989).</p>
|
|
<p><b>1988</b> (Public Law <span class="nobr">100-707,</span> enacted November 23). Removes the time limit for exclusion of disaster assistance.</p>
|
|
<p><b>2004</b> (Public Law <span class="nobr">108-203,</span> enacted March 2). Increases to 9 months and makes uniform the time period for excluding from resources amounts attributable to payments of <span class="nobr">past-due</span> Social Security and <abbr class="spell">SSI</abbr> benefits and earned income and child tax credits. Effective for such payments received on or after the date of enactment.</p>
|
|
<p><b>2005</b> <i>Regulations</i> permit exclusion of, regardless of value,</p>
|
|
<ul>
|
|
<li>One automobile if used for transportation for the beneficiary or a member of the beneficiary's household and</li>
|
|
<li>Personal goods and household effects.</li>
|
|
</ul>
|
|
<h4>Special Exclusions</h4>
|
|
<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). Assets of a blind or disabled individual that are necessary to an approved plan of self-support.</p>
|
|
<p>Tools and other property essential to self-support, within reasonable limits. Shares of nonnegotiable stock in regional or village corporations held by natives of Alaska.</p>
|
|
<p>For persons transferred from state programs to <abbr class="spell">SSI</abbr>, resource exclusions equal to the maximum amount permitted as of October 1972 under the state program.</p>
|
|
<p><b>1988</b> (Public Law <span class="nobr">100-383,</span> enacted August 10). Restitution payments made to Japanese internees and relocated Aleutians.</p>
|
|
<p><b>1989</b> (Public Law <span class="nobr">101-239,</span> enacted December 19). Specifies that no limitation can be placed on property essential to self-support used in a trade or business, or by an individual as an employee (including the tools of a tradesperson and the machinery and livestock of a farmer).</p>
|
|
<p>Payments from the Agent Orange Settlement.</p>
|
|
<p><b>1990</b> (Public Law <span class="nobr">101-508,</span> enacted November 5). Earned income tax credit excluded for the month following the month the credit is received.</p>
|
|
<p>Payments received from a state-administered fund established to aid victims of crime excluded for a <span class="nobr">9-month</span> period. Individuals not required to file for such benefits.</p>
|
|
<p>Payments received as state or local government relocation assistance excluded for a <span class="nobr">9-month</span> period. (The provision expired 3 years after its effective date.)</p>
|
|
<p>Payments received under the Radiation Exposure Compensation Act.</p>
|
|
<p><b>1993</b> (Public Law <span class="nobr">103-66,</span> enacted August 10). Makes permanent the <span class="nobr">9-month</span> exclusion of payments received as state or local government relocation assistance.</p>
|
|
<p><b>1994</b> (Public Law <span class="nobr">103-286,</span> enacted August 1). Payments to victims of Nazi persecution.</p>
|
|
<p><b>1996</b> (Public Law <span class="nobr">104-193,</span> enacted August 22). Dedicated financial institution accounts required to be established for large <span class="nobr">past-due</span> benefits for disabled individuals under age 18 with a representative payee.</p>
|
|
<p><b>1998</b> (Public Law <span class="nobr">105-285,</span> enacted October 27). Funds made available to an <abbr class="spell">SSI</abbr> recipient by a state or local government or a nonprofit organization as part of the Individual Development Account demonstration project.</p>
|
|
<p>(Public Law <span class="nobr">105-306,</span> enacted October 28). <span class="nobr">In-kind</span> gifts to children with life-threatening conditions by tax-exempt organizations not converted to cash.</p>
|
|
<p>The first $2,000 annually of cash gifts by tax-exempt organizations to, or for the benefit of, individuals under age 18 with life-threatening conditions.</p>
|
|
<p>(Public Law <span class="nobr">105-369,</span> enacted November 12). Payments made under the Ricky Ray Hemophilia Relief Fund Act of 1998.</p>
|
|
<p><b>2000</b> (Public Law <span class="nobr">106-554,</span> enacted December 21). Funds deposited by an individual in an individual development account and the interest on those funds.</p>
|
|
<p><b>2001</b> (Public Law <span class="nobr">107-16,</span> enacted June 7). The refundable child tax credit in the month of receipt and in the following month.</p>
|
|
<p><b>2004</b> (Public Law <span class="nobr">108-203,</span> enacted March 2). Grants, scholarships, fellowships, or gifts to be used for tuition or educational fees for 9 months after the month of receipt.</p>
|
|
<p><b>2008</b> (Public Law <span class="nobr">110-185,</span> enacted February 13). A rebate payment received under the Economic Stimulus Act of 2008, and any other credit or refund under section 6428 of the Internal Revenue Code, would not be included as a resource during the month of receipt or the 2 following months.</p>
|
|
<p>(Public Law <span class="nobr">110-245,</span> enacted June 17). State-provided pensions for aged, blind, or disabled veterans (or their spouses). Effective for benefits payable for months beginning 60 days after enactment.</p>
|
|
<p><b>2009</b> (Public Law <span class="nobr">111-5,</span> enacted February 17). A <span class="nobr">one-time</span> economic recovery payment of $250 to <abbr class="spell">SSI</abbr> recipients will not be taken into account as a resource for the month of receipt and the following 9 months.</p>
|
|
<p>The Making Work Pay tax credit, which provides a tax credit in the form of decreased withholding by employers, will not be taken into account as a resource for the month of receipt and the following 2 months.</p>
|
|
<p><b>2010</b> (Public Law <span class="nobr">111-148,</span> enacted March 23). Excludes incentives an <abbr class="spell">SSI</abbr> recipient with Medicaid receives for participating in an <abbr class="spell">IPCDM</abbr> program from consideration as a resource.</p>
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<p>(Public Law <span class="nobr">111-255,</span> enacted October 5). Excludes the first $2,000 received during a calendar year by an <abbr class="spell">SSI</abbr> recipient or spouse as compensation for participation in a clinical trial for rare diseases or conditions from consideration as a resource.</p>
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<p>(Public Law <span class="nobr">111-291,</span> enacted December 8). Excludes any settlement payments to American Indians, under the Claims Resettlement Act of 2010, from consideration as a resource (for a period of 12 months from receipt).</p>
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<p>(Public Law <span class="nobr">111-312,</span> enacted December 17). Excludes federal tax refunds and advance payment of refundable tax credits received after December 31, 2009, but before January 1, 2013, from consideration as a resource (for a period of 12 months from receipt).</p>
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<p><b>2013</b> (Public Law <span class="nobr">112-240,</span> enacted January 2). Makes permanent the <span class="nobr">12-month</span> resource exclusion of federal tax refunds and advance payment of refundable tax credits.</p>
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<p><b>2014</b> (Public Law <span class="nobr">113-295,</span> enacted December 19). Modifies the Internal Revenue Code to establish Achieving a Better Life Experience (<abbr>ABLE</abbr>) accounts, which are tax-advantaged savings accounts for individuals who became disabled prior to age 26. <abbr>ABLE</abbr> account balances (up to $100,000) and distributions that pay for qualifying disability expenses (except distributions for housing) do not affect the disabled person's <abbr class="spell">SSI</abbr> eligibility and payment amount.</p>
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<p><b>2015</b> (Public Law <span class="nobr">114-63,</span> enacted October 7). Makes permanent the resource exclusion of the first $2,000 in payments per calendar year that an <abbr class="spell">SSI</abbr> recipient receives as compensation for participation in certain clinical trials.</p>
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<p><b>2016</b> (Public Law <span class="nobr">114-241,</span> enacted October 7). Excludes from resources payments received under a state program intended to compensate individuals who had been sterilized under state authority, if the recipient retains the payment beyond the month of receipt.</p>
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<p><b>2022</b> (Public Law <span class="nobr">117-328,</span> enacted December 29). Revises the <abbr>ABLE</abbr> account eligibility requirement that the individual must have become disabled prior to a certain age. Effective with tax year 2026, that age changes from 26 to 46.</p>
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<h4>Transfer-of-Resources Penalties</h4>
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<p><b>1980</b> (Public Law <span class="nobr">96-611,</span> enacted December 28). Assets transferred for less than fair market value for the purpose of establishing eligibility for benefits under the Social Security Act are counted as resources for 24 months after transfer.</p>
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<p><b>1988</b> (Public Law <span class="nobr">100-360,</span> enacted July 1). Removes the transfer-of-assets penalty for transfers made July 1, 1988, or later.</p>
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<p><b>1999</b> (Public Law <span class="nobr">106-169,</span> enacted December 14). Provides a penalty under the <abbr class="spell">SSI</abbr> program for the disposal of resources at less than fair market value. The penalty is a loss of benefits for up to 36 months. A formula is provided to determine the number of months.</p>
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<h3>Presumptive and Emergency Payments and Interim Assistance Reimbursement</h3>
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<h4>Presumptive Payments</h4>
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<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). A person applying on the basis of disability who meets all other criteria of eligibility, and is likely to be disabled, may receive payments for 3 months pending the disability determination.</p>
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<p><b>1976</b> (Public Law <span class="nobr">94-569,</span> enacted October 20). Presumptive payment provision was extended to persons applying on the basis of blindness.</p>
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<p><b>1990</b> (Public Law <span class="nobr">101-508,</span> enacted November 5). Extends the period for receipt of payments to 6 months.</p>
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<h4>Emergency Advance Payments</h4>
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<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). Any applicant who can be presumed to meet the eligibility criteria, but has not yet been determined eligible, and who is faced with a financial emergency may receive an immediate cash advance of up to $100.</p>
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<p><b>1987</b> (Public Law <span class="nobr">100-203,</span> enacted December 22). Increases the maximum emergency advance payment amount to the maximum amount of the regular federal <abbr class="spell">SSI</abbr> monthly benefit rate plus, if any, the federally administered state supplementary payment.</p>
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<p><b>1996</b> (Public Law <span class="nobr">104-193,</span> enacted August 22). Applicants who have a financial emergency may receive an emergency advance payment in the month of application, which, effective with this law, is always before the first month of eligibility. These advance payments are recouped by proportional reductions in the recipient's first 6 months of <abbr class="spell">SSI</abbr> benefits.</p>
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<h4>Interim Assistance Reimbursement</h4>
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<p><b>1974</b> (Public Law <span class="nobr">93-368,</span> enacted August 7). <abbr class="spell">SSA</abbr> may enter into agreements with the states to repay them directly for assistance payments made to an <abbr class="spell">SSI</abbr> applicant while his/her claim is being adjudicated. The repayment is made from the first check due to the individual. This legislation expires June 30, 1976.</p>
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<p><b>1976</b> (Public Law <span class="nobr">94-365,</span> enacted July 14). The authority to repay the state for interim assistance is made permanent.</p>
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<p><b>1987</b> (Public Law <span class="nobr">100-203,</span> enacted December 22). Extends interim assistance reimbursement to situations in which payments are made by states or political subdivisions to persons whose <abbr class="spell">SSI</abbr> payments were suspended or terminated and who subsequently are found to be eligible for such benefits. Also clarifies that the payment from which the interim assistance reimbursement is paid must be the first payment of benefits relating to the interim period.</p>
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<h3>Medicaid Eligibility</h3>
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<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). States can provide Medicaid coverage to all recipients of <abbr class="spell">SSI</abbr> payments. Alternatively, they can limit coverage by applying more restrictive criteria from the state Medicaid plan in effect on January 1, 1972.</p>
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<p>States can accept <abbr class="spell">SSA</abbr> determination of eligibility or make their own determination.</p>
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<p><b>1976</b> (Public Law <span class="nobr">94-566,</span> enacted October 20). Preserves the Medicaid eligibility of recipients who become ineligible for cash <abbr class="spell">SSI</abbr> payments because of the cost-of-living increases in Social Security benefits.</p>
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<p><b>1980</b> (Public Law <span class="nobr">96-265,</span> enacted June 9). Blind or disabled recipients under age 65 no longer eligible for either regular or special <abbr class="spell">SSI</abbr> payments because of their earnings may retain <abbr class="spell">SSI</abbr> recipient status for Medicaid eligibility purposes under the following conditions: (1) they continue to have the disabling impairment, (2) they meet all nondisability eligibility criteria except for earned income, (3) they would be seriously inhibited from continuing employment without Medicaid services, and (4) their earnings are insufficient to provide a reasonable equivalent of <abbr class="spell">SSI</abbr> payments and Medicaid.</p>
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<p>In states that do not provide Medicaid coverage categorically to all <abbr class="spell">SSI</abbr> recipients, qualification for Medicaid benefits depends on the state's specific eligibility and program requirements.</p>
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<p>The Medicaid provision of the 1980 legislation was in effect from January 1, 1981, through December 31, 1983. Under a <span class="nobr">1-year</span> demonstration project, beginning January 1, 1984, this provision was continued for persons already eligible for regular or special <abbr class="spell">SSI</abbr> payments or for retention of Medicaid eligibility.</p>
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<p><b>1984</b> (Public Law <span class="nobr">98-460,</span> enacted October 9). Medicaid provision of 1980 legislation extended through June 30, 1987 (retroactive to January 1, 1984).</p>
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<p><b>1986</b> (Public Law <span class="nobr">99-272,</span> enacted April 7). Restores Medicaid eligibility for some disabled <span class="nobr">widow(er)s</span> who became ineligible for <abbr class="spell">SSI</abbr> when their Title <abbr title="two">II</abbr> benefits increased in 1984 because of a change in the Social Security disabled <span class="nobr">widow(er)s</span> benefits reduction factor.</p>
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<p>(Public Law <span class="nobr">99-643,</span> enacted November 10). The <abbr class="spell">SSI</abbr> recipient status for Medicaid eligibility provision of the 1980 amendments is made permanent.</p>
|
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<p>Effective July 1, 1987, certain expenses are excluded from earnings when determining sufficiency of earnings to establish <abbr class="spell">SSI</abbr> recipient status eligibility for Medicaid purposes:</p>
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<ul>
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<li>Impairment-related work expenses of disabled persons,</li>
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<li>Work expenses of blind persons,</li>
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<li>Income required for achieving an approved self-support plan, and</li>
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<li>The value of publicly funded attendant care services.</li>
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</ul>
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<p>Effective July 1, 1987, preserves the Medicaid eligibility of recipients who become ineligible for <abbr class="spell">SSI</abbr> payments because of entitlement to, or an increase in, Social Security disabled adult child benefits on or after the effective date.</p>
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<p>Effective July 1, 1987, requires all states to provide Medicaid coverage for recipients in special <abbr class="spell">SSI</abbr> status (either receiving special <abbr class="spell">SSI</abbr> payments or in the special recipient status described for 1980) if they received Medicaid coverage the month before special <abbr class="spell">SSI</abbr> status.</p>
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<p><b>1987</b> (Public Law <span class="nobr">100-203,</span> enacted December 22). Effective July 1, 1988, restores or preserves the Medicaid eligibility of persons aged 60 or older who are eligible for Social Security benefits as widows or widowers (but not eligible for Medicare) and who become ineligible for <abbr class="spell">SSI</abbr> payments or state supplementation because of the receipt of <span class="nobr">old-age</span> or survivors insurance benefits under Social Security.</p>
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<p><b>1990</b> (Public Law <span class="nobr">101-508,</span> enacted November 5). Age limit for retention of <abbr class="spell">SSI</abbr> recipient status for Medicaid eligibility purposes (1980 and subsequent work incentive provisions, above) is eliminated.</p>
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<p>Preserves the Medicaid eligibility of <abbr class="spell">SSI</abbr> recipients who become ineligible for payments when they become entitled to Social Security disabled <span class="nobr">widow(er)s</span> benefits following the revised definition used for their disability.</p>
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<p><b>1997</b> (Public Law <span class="nobr">105-33,</span> enacted August 5). Requires states to continue Medicaid coverage for disabled children who were receiving <abbr class="spell">SSI</abbr> payments as of August 22, 1996, and would have continued to be eligible for such payments except that their eligibility terminated because they did not meet the revised <abbr class="spell">SSI</abbr> childhood disability standard established under Public Law <span class="nobr">104-193.</span></p>
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<p><b>2006</b> (Public Law <span class="nobr">109-171,</span> enacted February 8). Begins Medicaid coverage for children who are eligible for <abbr class="spell">SSI</abbr> effective the month the <abbr class="spell">SSI</abbr> application is filed or the first month of <abbr class="spell">SSI</abbr> eligibility, whichever is later. (Under prior law, Medicaid eligibility for such children began the month following the month of the <abbr class="spell">SSI</abbr> application or first eligibility.)</p>
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<p><b>2014</b> (Public Law <span class="nobr">113-295,</span> enacted December 19). Retains Medicaid eligibility for an <abbr class="spell">SSI</abbr> recipient whose Achieving a Better Life Experience (<abbr>ABLE</abbr>) account balance in excess of $100,000 causes him or her to exceed the <abbr class="spell">SSI</abbr> resource limit.</p>
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<h3>State Supplementation</h3>
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|
<p><b>1972</b> (Public Law <span class="nobr">92-603,</span> enacted October 30). States are given the option of providing supplementary payments both to recipients transferred from the state program and to those newly eligible for <abbr class="spell">SSI</abbr>.</p>
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<p>States may either administer the payments themselves or have the Social Security Administration make payments on their behalf. When state supplementary payments are federally administered, the Social Security Administration makes eligibility and payment determinations for the state and assumes administrative costs.</p>
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<p>“Hold harmless” protection, which limits a state's fiscal liability to its share of expenditures for <span class="nobr">Old-Age</span> Assistance, Aid to the Blind, and Aid to the Permanently and Totally Disabled for calendar year 1972, is provided to states electing federal administration of their supplementary plans. This provision applies only to supplementary payments that do not, on the average, exceed a state's “adjusted payment level.” (The adjusted payment level is the average of the payments that individuals with no other income received in January 1972; it may include the bonus value of food stamps. Adjustments are provided for payments that had been below state standards.)</p>
|
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<p><b>1973</b> (Public Law <span class="nobr">93-66,</span> enacted July 9). Provides for mandatory state supplementation as assurance against reduction of income for persons who received state assistance in December 1973 and were transferred to <abbr class="spell">SSI</abbr>. These supplementary payments must equal the difference between (1) the amount of the state assistance payment that the individual received in December 1973 plus other income and (2) the individual's federal <abbr class="spell">SSI</abbr> payment plus other income.</p>
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<p><b>1976</b> (Public Law <span class="nobr">94-585,</span> enacted October 21). After June 30, 1977, when the federal <abbr class="spell">SSI</abbr> payment level is increased by a cost-of-living increase, such an increase will be excluded in calculating the “hold harmless” amount.</p>
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|
<p>Requires states to maintain state supplementation payments at the level of December 1976 (“maintenance of payments”) or to continue to pay in supplements the same total annual amounts (“maintenance of expenditures”) when the federal <abbr class="spell">SSI</abbr> payment level is increased and thereby pass through any increases in federal benefits without reducing state supplements.</p>
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<p><b>1982</b> (Public Law <span class="nobr">97-248,</span> enacted September 3). Begins a <span class="nobr">3-year</span> phase out of “hold harmless” protection. Effective with fiscal year 1985, Wisconsin and Hawaii (the only remaining “hold harmless” states) assumed the full cost of their supplementary payments.</p>
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<p><b>1983</b> (Public Law <span class="nobr">98-21,</span> enacted April 20). Federal pass-through law is adjusted (1) by substituting the state supplementary payment levels in effect in March 1983 for those in effect in December 1976 as the levels that states must maintain in complying with the pass-through requirements, and (2) with regard to the $20 (individual) and $30 (couple) increase in the federal <abbr class="spell">SSI</abbr> standard in July 1983, by requiring states to pass through only as much as would have been required if the <abbr class="spell">SSI</abbr> cost-of-living adjustment had been made in July 1983.</p>
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<p><b>1987</b> (Public Law <span class="nobr">100-203,</span> enacted December 22). Provides for federal administration of state supplements to residents of medical institutions.</p>
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|
<p>Provides for required pass through of $5 increase in federal rate for persons whose care in institutions is paid in substantial part by Medicaid.</p>
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<p><b>1993</b> (Public Law <span class="nobr">103-66,</span> enacted August 10). Requires states to pay fees for federal administration of their state supplementation payments. The fees are $1.67 for each monthly supplementary payment in fiscal year 1994, $3.33 in fiscal year 1995, and $5.00 in fiscal year 1996. Fees for subsequent fiscal years will be $5.00 or another amount determined by the commissioner to be appropriate. The commissioner may charge the states additional fees for services they request that are beyond the level customarily provided in administering state supplementary payments.</p>
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<p><b>1997</b> (Public Law <span class="nobr">105-33,</span> enacted August 5). Revises the schedule of per-payment fees for federal administration of state supplementation for fiscal years 1998 ($6.20) through 2002 ($8.50) and provides a formula for determining the fee beyond fiscal year 2002.</p>
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<p><b>1999</b> (Public Law <span class="nobr">106-170,</span> enacted December 17). A state that has an agreement with <abbr class="spell">SSA</abbr> to administer its supplementation payments must remit both payments and fees prior to the <abbr class="spell">SSI</abbr> payment date.</p>
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<p><b>2000</b> (Public Law <span class="nobr">106-554,</span> enacted December 21). Changes the effective date of above provision from 2009 to 2001.</p>
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<h3>Overpayment Recovery</h3>
|
|
<p><b>1984</b> (Public Law <span class="nobr">98-369,</span> enacted July 18). Limits the rate of recovering overpayments from monthly payments to the lesser of (1) the monthly payment or (2) 10 percent of a recipient's monthly income. Permits a higher or lower adjustment at the request of the recipient subject to the agreement of the Commissioner. The limit does not apply if fraud, willful misrepresentation, or concealment of material information was involved on the part of the recipient or spouse in connection with the overpayment.</p>
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<p>Waives recovery of certain overpayments when amount of excess resources is $50 or less.</p>
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<p>Provides temporary authority for the recovery of overpayments from tax refunds.</p>
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<p><b>1988</b> (Public Law <span class="nobr">100-485,</span> enacted October 13). Grants permanent authority to recover overpayments from tax refunds.</p>
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<p><b>1998</b> (Public Law <span class="nobr">105-306,</span> enacted October 28). Authorizes <abbr class="spell">SSA</abbr> to collect <abbr class="spell">SSI</abbr> overpayments by offsetting Social Security benefits, with a maximum monthly offset of no more than 10 percent of the Social Security benefit.</p>
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<p><b>1999</b> (Public Law <span class="nobr">106-169,</span> enacted December 14). Makes representative payees liable for an <abbr class="spell">SSI</abbr> overpayment caused by a payment made to a recipient who has died, and requires <abbr class="spell">SSA</abbr> to establish an overpayment control record under the representative payee's Social Security number.</p>
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<p>Requires <abbr class="spell">SSA</abbr> to recover <abbr class="spell">SSI</abbr> overpayments from <abbr class="spell">SSI</abbr> <span class="nobr">lump-sum</span> amounts by withholding at least 50 percent of the <span class="nobr">lump-sum</span> payment or the amount of the overpayment, whichever is less.</p>
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<p>Extends all of the debt collection authorities currently available for the collection of overpayments under the <abbr class="spell">OASDI</abbr> program to the <abbr class="spell">SSI</abbr> program.</p>
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<p><b>2001</b> (Public Law <span class="nobr">107-16,</span> enacted June 7). Subjects <span class="nobr">one-time</span> tax refund payments provided under this Act to overpayment recovery under tax refund offset provisions.</p>
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<p><b>2004</b> (Public Law <span class="nobr">108-203,</span> enacted March 2). Provides for recovery of overpayment of <abbr class="spell">SSI</abbr> benefits by withholding from <abbr class="spell">OASDI</abbr> and Special Veterans' Benefits up to 100 percent of any underpayment of benefits and 10 percent of ongoing monthly benefits.</p>
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<p>Also provides for recovery of overpayment of <abbr class="spell">OASDI</abbr> or Special Veterans' Benefits by withholding from <abbr class="spell">SSI</abbr> up to 100 percent of any underpayment of benefits but limits any recovery from <abbr class="spell">SSI</abbr> benefits to the lesser of 100 percent of the monthly benefit or 10 percent of the individual's total monthly income.</p>
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<p>Effective with respect to overpayments that are outstanding at the time of enactment.</p>
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<h3>Fees for Attorneys and Nonattorney Representatives</h3>
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<p><b>2004</b> (Public Law <span class="nobr">108-203,</span> enacted March 2). Extends the current <abbr class="spell">OASDI</abbr> attorney fee withholding process to <abbr class="spell">SSI</abbr> for a period of 5 years to attorneys. Also extends <abbr class="spell">OASDI</abbr> and <abbr class="spell">SSI</abbr> fee withholding provisions to qualified nonattorneys effective with the implementation of the <span class="nobr">5-year</span> demonstration project.</p>
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<p><b>2010</b> (Public Law <span class="nobr">111-142,</span> enacted February 27). Permanently extends the <abbr class="spell">OASDI</abbr> attorney fee withholding process to <abbr class="spell">SSI</abbr>. The prior authority expired February 28, 2010. Allows direct payment of attorneys and certain nonattorney representatives.</p>
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<p>CONTACT: <a href="mailto:statistics@ssa.gov">statistics@ssa.gov</a>.</p>
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<div id="notes">
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<h2>Notes</h2>
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<p> <a href="#mt1" id="mn1">1</a> In 2009, <abbr class="spell">SSA</abbr> entered into a nationwide class action settlement that limits the felony crime offense codes upon which fugitive felon nonpayments may be based under this statute. In 2010, the agency stopped parole and probation violator nonpayments for residents of New York, Connecticut, and Vermont pursuant to a Second Circuit Court of Appeals decision in a pending proposed nationwide class action suit. In 2011, the agency stopped parole and probation violator nonpayments nationwide.</p>
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<p> <a href="#mt2" id="mn2">2</a> This last provision was repealed in 1999 by Public Law <span class="nobr">106-169</span> and replaced with a provision providing for nonpayment of benefits for up to 24 months for knowingly making false or misleading statements regarding material facts.</p>
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<p> <a href="#mt3" id="mn3">3</a> Recipients who have lost eligibility for <abbr class="spell">SSI</abbr> benefits for fewer than 13 consecutive months are in suspended payment status.</p>
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