Hochman & Plunkett CO., L.P.A.
Phone 937-684-4607
Toll free 877-623-6863

Federal regulations for SSI and excess resources

People in Dayton who are suffering from an injury, illness or disability and are seeking benefits through the Social Security disability program must meet certain federal regulations. One that is often overlooked is the amount of resources the claimant has and the way it can affect receiving Supplemental Security Income (SSI). The countable resources must be calculated. If they are in excess of what is allowable, there can be conditional payments provided for a period of time.

The countable resources for an individual cannot be more than $2,000. For a couple, they cannot be more than $3,000. Those who have these resources have the right to sell them. Real property and personal property can be sold. Examples of real property include land, like a house, that the claimant does not reside in. Examples of personal property can be non-excluded vehicles, like a second motor vehicle. The claimant is allowed to receive SSI benefits for as long as nine months when trying to sell real property. When trying to sell personal property, the SSI benefits can be received for as long as three months. Depending on the circumstances, the SSA might pay benefits for a longer period.

The claimant cannot receive conditional benefits until after the form stating that there is an agreement to sell the property has been signed and the SSA has accepted it. The claimant must also demonstrate diligence in trying to sell the property. Once the property is sold - regardless of whether it is real or personal - some or all of the SSI benefits that were received must be paid back. After the items are sold, the SSA must be informed and it will be possible to continue receiving SSI benefits.

The rules surrounding SSD benefits can be complicated and claimants are frequently unsure as to why they were denied Social Security. When applying or going through the process, one of the key factors can be having legal advice. Speaking to an attorney who is experienced in helping clients with their Social Security disability benefits is important when there are excess resources or any other concern with SSI.

Source: SSA.gov, "Can I get SSI if I have excess resources?," accessed on April 17, 2016

No Comments

Contact Information

Dayton Office
Dayton Location:
3033 Kettering Blvd.
Suite 201
Dayton, OH 45439

Toll Free: 877-623-6863
Phone: 937-684-4607
Fax: 937-228-0508
Get Directions

Cincinnati Office
Cincinnati Location:
810 Sycamore Street
Third Floor
Cincinnati, OH 45202

Toll Free: 877-623-6863
Phone: 513-276-4022
Fax: 513-338-1828
Map & Directions

Springfield Office
Springfield Location:
One South Limestone St.
Suite D
Springfield, OH 45502

Toll Free: 877-623-6863
Map & Directions

Troy Office
Troy Location:
22 N. Short Street
Troy, OH 45373

Toll Free: 877-623-6863
Phone: 937-688-2551
Phone: 937-524-0115
Map & Directions