SSI Q & A
Source: Social Security Administration

General Questions About SSI
SSI and Eligibility
SSI Eligibility and Children
SSI Application/Interview Process
SSI Representative Payee
SSI and Immigration

General Questions About SSI

What is SSI?
Supplemental Security Income (SSI) is a monthly assistance program funded by general taxes. SSI has two purposes:

• To help elderly, blind, and disabled people
• To provide cash for basic needs such as food and clothing

Where can I access information about SSI?
For more information about Supplemental Security Income benefits, please visit
www.socialsecurity.gov/notices/supplemental-security-income/.

To locate a local Social Security office, visit
http://s00dace.socialsecurity.gov/pro/fol/fol-home.html.

How do my clients access their monthly SSI benefits?
If your clients do not have a fixed mailing address to which their SSI checks can be mailed, they can request to pick up their SSI checks at a local Social Security office.

What is the difference between Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI)?
For most people, the medical requirements for disability payments are the same under both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs, and the same process is used for both programs to determine your client’s disability.

Supplemental Security Income is a program run by Social Security that pays monthly benefits checks to the elderly, the blind, and people with disabilities and very low income and who do not have a strong work history and have not payed enough Social Security taxes. Social Security Disability Insurance, also administered by Social Security, pays benefits to your clients if they are “insured,” meaning they worked long enough and paid Social Security taxes.

While eligibility for Social Security Disability Insurance is based on prior work under Social Security, SSI disability payments are made on the basis of financial need.

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SSI and Eligibility

Who is eligible for SSI?
To be eligible for SSI, your clients must be elderly or blind or have a disability.

• To be considered “elderly,” your client must be 65 or older.
• To be considered “blind,” your client must be legally blind or have very poor eyesight. Children, as well as adults, can be eligible for SSI benefits because of blindness.
• To be considered disabled, your client must have a physical or mental problem expected to last at least a year or result in death. Children, as well as adults, can be eligible for SSI benefits because of a disability.

How does the Social Security Administration define disability?
Disability is based on your client’s inability to work. To be considered disabled under Social Security rules, your client cannot do work that he/she did before, and Social Security will decide that he/she cannot adjust to other work because of his/her medical condition(s). Your client’s disability must also last or be expected to last for at least one year or to result in death. Click here for the Social Security Administration's definition of disability.

Where can I get a list of disabling impairments for Social Security Disability?
You can get a copy of Disability Evaluation Under Social Security ("The Blue Book" 5/02; SSA Publication No. 64-039), which contains the medical criteria Social Security uses to determine disability. It is intended primarily for physicians and other health professionals.

The Blue Book is online at
www.socialsecurity.gov/disability/professionals/bluebook/

This book can also be obtained free of charge by writing or calling:

Social Security Administration
Office of Supply and Warehouse Management
239 Supply Building
6301 Security Blvd.
Baltimore, MD 21235

The phone number for the Public Information Distribution Center is (410) 965-2039. You can also reach them via fax at (410) 965-2037 or e-mail at oplm.oswmrpt@ssa.gov.

If my client is currently residing in a homeless shelter, is he/she eligible to receive SSI?
YES. If your client is a resident of private homeless shelters, he/she is eligible for SSI. Residents of public emergency shelters are eligible for SSI “for any six months throughout which [he/she] resides in a shelter in any nine-month period.”

If my client is a probation and parole violator, is he/she eligible for SSI?
NO. Probation and parole violators are not eligible to receive SSI benefits. Your client may not receive SSI payments for any month during which he/she is violating a condition of probation or parole imposed under Federal or state law.

If my client is a fugitive felon, is he/she eligible for SSI?
Fugitive felons are not eligible for SSI benefits. Your client will not receive SSI payments if, during any part of the month, he/she is fleeing to avoid:

• Trial on a criminal charge of felony
• Jail or prison after conviction of a felony
• Custody after conviction of a felony

If my client is currently residing in a public institution, is he/she eligible to receive SSI?
People who reside in public institutions throughout a month are not eligible to receive SSI during that month. If your client resides in a “safe haven” designated by HUD, then he/she will not be considered a resident of a public institution nor be charged in-kind support and maintenance for SSI purposes, if such support is already a part of the safe haven’s program.

SSA defines a public institution as an institution that is operated by or controlled by the Federal government, a state, a city or a county. The regulations list examples such as hospitals, mental health treatment centers, and jails.

To be considered a resident of a public institution “throughout” a month, your client must reside there at the beginning of the month and stay for the entire month.

Would current drug or alcohol use prevent my client from being eligible for SSI?
Regulations do not prohibit current users of drugs or alcohol or both from receiving SSI. Instead, users may receive benefits as long as drug addiction or alcoholism is not the primary disability. Click here for the Social Security Administration's definition of disability.

If my client is determined to be ineligible to receive SSI benefits, can he/she appeal the decision?
If your client is deemed ineligible to receive Social Security benefits, a letter will be sent to your client explaining the decision and how he/she can appeal the decision. Your client has the right to appeal this decision if he/she does not agree with it.

When appealing a decision made by Social Security, your client should know there is a four-step appeal process:

(1) Reconsideration
(2) Hearing by an Administrative Law Judge (ALJ)
(3) Review by the Appeals Council
(4) Federal court review

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SSI Eligibility and Children

Are SSI benefits provided to children?
Yes. If your client has a child who is blind or disabled, he/she may be eligible to receive SSI for the child.

How can a child qualify for SSI benefits?
To be eligible for SSI, a child must be disabled (as determined by SSA), a U.S. citizen or an eligible immigrant.

How can my client apply for children’s SSI benefits?
Applications for children’s SSI can be filed at a local Social Security office, online, or by calling toll-free 1-800-772-1213. If your client applies over the phone or online www.socialsecurity.gov/online/ss-5.html, he/she must mail or take the needed proof to the Social Security office. The Social Security Administration will review the case to make sure your client is eligible. If so, the application will be sent to a state agency for processing. The Disability Determination Services (DDS) agency will make a medical decision about whether or not the child is disabled.

If Social Security decides your client’s child is not disabled, your client can appeal the decision.

How long will it take my client to receive SSI benefits for his/her child?
Receiving children’s SSI can take anywhere from a very short time to an extremely long time, depending on the strength of the case. The more information provided to Social Security during the application interview, the more likely it would be pushed forward.

Does my client need a fixed mailing address to receive SSI benefits for his/her child?
Your client does not need a fixed mailing address to receive SSI benefits for his/her child. He/she can still receive SSI if he/she resides in a shelter, lacks a mailing address, or lives on the street.

If my client is an unaccompanied youth, can he/she apply for SSI benefits on his/her own?
YES. Youth are eligible for SSI under the children’s SSI standards.

Unaccompanied youth may file for benefits without providing any information or permission from their parents, as long as they can show the Social Security office they are not living with their parents. Just like any other child receiving SSI, unaccompanied youth will have their cases re-evaluated when they turn 18. At that time, the case is evaluated under the adult disability standards.

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SSI Application/Interview Process

What information will my client need to apply for SSI benefits?
Your clients may need to provide the following documentation:

• Social Security number
  (Social Security number cards and replacements can be requested through the SSA Web site at http://www.socialsecurity.gov/ssnumber/)
  
• Birth certificate or other proof of age
  (the SSA Web site can help you locate the appropriate contact to obtain a copy of your client’s birth certificate at www.socialsecurity.gov/vitalstats.html)
  
• If your client has a disability, he/she will need to provide the names, addresses, and telephone numbers of doctors, hospitals, and clinics where he/she has been treated

Original documents or copies certified by the issuing office must be provided.

What if my client does not have the proper identification to apply for SSI benefits?
If your client does not have identification, he/she will need to be able to recall his/her Social Security number. To confirm your client’s identity, SSA can use the Social Security number to access information such as the name of his/her parents or birthplace.

How long is the typical turn-around for application approval?
Your client can apply for SSI in person at a local Social Security office or over the phone. If your client applies over the phone, then he/she must mail or take the needed proof to Social Security. Children do not have to apply in person. Social Security considers the application filing date to be the day your client makes an appointment to apply for SSI. If he/she fails to keep this appointment, Social Security will send a letter saying he/she must apply within 60 days from the date on the letter in order to use the date of the original call as the application date.

SSI payments begin the first full month after the application filing date, or on the date on which your client becomes eligible. If your client is disabled and has applied for SSI, the determination process may be longer.

To locate a local Social Security office, visit
http://s00dace.socialsecurity.gov/pro/fol/fol-home.html.

Once my client is eligible for SSI benefits, how long will he/she be enrolled?
Social Security will regularly re-evaluate your client’s eligibility for SSI benefits to make sure he/she is still eligible and receiving the proper amount. The length of time between scheduled re-evaluations varies depending on the likelihood that your client’s situation may change in a way that affects his/her eligibility and/or payment amount.

Social Security will contact your client to schedule the re-evaluation. It may be conducted by mail, telephone, or personal interview. Your client will be asked to provide the same kind of information that he/she gave when he/she first applied.

What does the Social Security Administration do with incomplete applications?
If your client’s application is incomplete, your client will be contacted for more information about his/her medical and work history, as well as his/her daily activities and current medications.

If your client cannot be contacted, the state disability determination service is authorized to decide the case on the basis of the information available. This will usually result in a finding that your client is not disabled.

To avoid this problem, you are encouraged to have your clients give a stable address and phone number, such as your own contact information, when they are applying for SSI. This gives SSA a better chance of contacting your client if necessary.

Are there ways to expedite the SSI application process?
There are ways your client’s SSI application can be expedited including:

• If your client is diagnosed with a terminal illness or his/her disability is shown in the presumptive categories, his/her SSI case is processed before other applications. SSA may make finding of presumptive disability in specific impairment categories without obtaining any medical evidence, such as an amputation of the leg at the hip, allegation of total deafness, allegation of total blindness, and others. For more information on presumptive disabilities, you should reference the Disability Evaluation Under Social Security ("The Blue Book" 5/02; SSA Publication No. 64-039, which can be found online at www.socialsecurity.gov/disability/professionals/bluebook/.
  
• If an application is submitted and approved, through a pre-release program, your client can begin collecting benefits on the first day of the month following the day he/she leaves a public institution.

What is the role of a representative?
A representative is a person who can help your client apply for SSI benefits and advocates on his/her behalf with SSA throughout the application process. A representative may be a shelter caseworker, mental health case manager, friend or relative.

Representatives may obtain information about the status of a claim, submit evidence, make requests, and reply to notices. SSA must send copies of all notices, decisions, and requests for information to your client’s designated representative. Your client’s representative may authorize appeals and otherwise handle your client’s case in his/her absence. This can often prevent a case from being closed due to failure to respond to a notice or file an appeal.

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SSI Representative Payee

What is a representative payee?
If your client is eligible for SSI on the basis of a mental disability or a severe physical disability, SSA may find him/her unable to manage his/her own benefits and require that the benefits be paid to a representative payee – a person charged with managing SSI payments for the benefit of your disabled client.

A “representative payee” helps your client once he/she has been found eligible for SSI – as opposed to a “representative” who assists applicants in becoming eligible for SSI.

What are the responsibilities of a representative payee?
The representative payee must receive your client’s monthly check, open a bank account, pay his/her bills, and generally ensure that SSI payments are spent in your client’s best interest, including food and shelter expenses.

Who can serve as a representative payee?
Homeless shelter staff can serve as representative payees. Supportive housing program representatives (transitional programs aimed at moving people out of homelessness) can also serve as payees for your client. When this occurs, rent of up to 30 percent is deducted from the monthly SSI check. This is a charge that covers the cost of providing housing to your client receiving SSI payments. You should tell your client that some organizations that serve as a representative payee for five or more people could charge a fee for those services. The fee can be 10 percent or $25 per month, whichever is less.

How can my client demonstrate that a representative payee is no longer needed?
In order to convince SSA that representative payment is no longer necessary, your client should submit a physician’s statement to that effect along with any other evidence of his/her ability to manage SSI payments.

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SSI and Immigration

If my clients are immigrants, are they still eligible for SSI?
Any immigrant who is not legally in the U.S. will not be eligible to receive SSI.
The regulations are more complicated for non-citizen immigrants who are legally in the U.S. SSA refers to these immigrants as “aliens.” An “eligible alien” is an alien whose immigration status makes him/her eligible for SSI, under current rules. To receive SSI, an “eligible alien” will still have to be found disabled, and he/she will still have to meet other SSI eligibility criteria.

What if my client is an immigrant but he/she does not have the proper information to prove eligibility for SSI?
If your client does not have the proper documentation to establish his/her immigration status, you should assist him/her in getting replacement documents. At the same time, you should assist your client in applying for SSI, without the proper documentation, and request that SSA verify your client’s status with the U. S. Citizenship and Immigration Services (USCIS).

Verification between SSA and USCIS can take a long time and is not always accurate. However, it is important to have your client apply for SSI as soon as possible, so that – if he/she is eventually found eligible – he/she will receive retroactive benefits covering the time period when SSA was investigating his/her immigration status.

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