Step parent income

[DsmithAsmith]

What is the name of your state? California

My husband is applying for SSI for his daughter. When he talked to them on the phone they said that depending on the circumstances they MAY take my income into account. He said it depends on the 'details'. They look at how much support the child gets from their NCP etc, in determining whether or not to take into account step parent income. Does anyone know where there is a guideline written about this? Would it be helpful for my husband to talk to an attorney? How does that work, would he have to pay for a consult?

My OPINION, is that my income should not be counted, as my husband and I maintain seperate checking accounts, and I don't contribute to our household bills. The reason it makes a difference, is because I work all summer and save my money, in a savings account, so that during the school year I don't have to work. I use my money for gas, food tuition etc. If SSA looks at my savings account though with our cars and our joint savings we are over the amount of resourses.
Thanks.

 

[MistyMack]

Same Dilemma

What is the name of your State? Florida

I am going through the same thing as you, except vice versa. It is my sons step dad, SSA says they have to include as income and resources. What I don't understand is if the law states my husband is not legally responsible for MY son, then why or how can they include this? I stated to them he does not get child support at all, so why are they not taking this into account? The lady just kept telling me it was because we were legally married.
I don't work because my son is mentally handicapped, and I have to be home when he is to take care of him. The only one my husband is legally liable to support is me, although he does help out all he can for my son. My hubby only makes 8.50 an hour.She also stated because of the asset I have which is a new truck my husband gave me as a gift with his inheritance, he got before we got married, that my son would probably not get SSI, but they have determined him to be disabled.
My EX is also in the process of applying for SS, and has hired a lawyer, which I understand my son can get a childs portion of, when and if he gets it.
Looks like I am on my way to a lawyer myself.
any suggestions?
How ironic you are in the same dilemma, can someone answer our questions please?

 

[Whyte Noise]

SSI is, for lack of a more PC term, akin to "welfare". With welfare you only have to be poor enough to get it, with SSI you have to be poor enough and disabled to get it.

SSI is an income-based/needs-based program. If you have too much income or assets, then they say you don't "need" it.

I understand what you both are saying, but if you're married they WILL count your spouses income (or a portion of it) as household income when figuring an SSI amount. For children, they will count parent's income and yes... your spouses income as well even though they're a step parent and not a bio parent. Their income still counts as part of the household, and household is what the SSA uses if you're married. I'll use my own case as an example:

I applied for SSI/SSDI initially in Feb. 1999. I was denied and didn't appeal (stupid of me, I know.) I re-applied again with a new application in Sept. 2002. Finally had my hearing in March 2004 and was approved May 2004. The ALJ re-opened and revised my 1999 filing and approved me back to that Feb. 1999 date.

In 1999 (my initial claim filing) I was married to my ex husband. We separated in March 2000. I lived with my dad from March 2000 to September 2000. My current husband and I met in May 2000 and started living together in September 2000.

When figuring up any retroactive SSI benefits I was due, from Feb. 1999 until March of 2000, they included my ex-husband's income since we were married and still living in the same household. From April 2000 until April 2004 they figured only MY limited income because I was separated and divorced. Even though my current husband and I were living together and I'd also lived with my father, they did not count either of their incomes. My current husband and I were married in April 2004, so from May 2004 until August 2004 (which is when my retro benefits were figured to), they counted his income into the calculations.

It was a PITA to figure out my retro benefits (and those are the caseworkers actual words) because I was married, then I wasn't, then I was... and they had to figure it all up based on the household status etc. I got $98 a month SSI benefits after my husband and I were married for 3 months, then I no longer got SSI at all because of his income. I now only get my SSDI benefits.

As you can see... when I was still married to my first husband they used his income. When we separated, they didn't. They didn't use my dad's income, even though I lvied with him for a short period of time. They didn't use my current husband's income before we got married even though we lived together, but they did use it once we were married.

Confused yet? LOL

 

[MistyMack]

What State do you live in? Florida

OK I see now, So if My hubby and I get divorced and just live together, this might solve the problem******************************************...Hmmm sounds like a plan to me, guess you just have to know how to work the system. Just kidding, I dought very seriously he would do this, although we are having marital problems.

Thanks for the Info.....Do you think I should appeal?

 

[Whyte Noise]

I don't know if you'd have grounds for an appeal.

The SSA guideliens for figuring benefit amounts are the same for everyone. If your income and assets are above the income/asset limit, then even though you or your child is disabled, there isn't much the SSA can do.

The SSA rep told you that because of your truck you were above the asset limit (You're only allowed $2,000). Sell the truck and get an older model vehicle that won't be above the asset limit.

And just some personal advice... divorcing or separating from your husband and just living together wouldn't be a wise thing to do. SSA already knows about him and I imagine they'd see right through that one.

 

[MistyMack]

Yes you are correct I do believe. I have searched all this out, and my Son doesn't have a leg to stand on for the time being, untill he turns 18 or if my husbands income doesn't change in 2 years.
No way am I selling my Truck, it's just not worth it, and we would have to wait up to six months before the divorce thing would do any good.
O well I tried**************. Just applied for medicaid for my son, because my husband, can't really afford to keep him on his insurance . Not sure what will happen here.
He will probably be turned down for that as well, on the grounds my husband has him on his insurance even though he can't afford it.

Thanx again

 

[Flnative]

Don't sell the truck

Your pri**** home and vehicle are not calculated as far as your assets go. Now if you own 2 vehicles then they will count one of them, and more than likely the most expensive one.

 

[Whyte Noise]

Actually, the SSA has guidelines on exempting a vehicle:

"The value of your car or truck, if it is necessary for medical care, employment, essential daily activities, or if the car is modified for a person with disabilities. If the car is not totally excluded for one of these reasons, then one car may be excluded to the extent that its market value is under $4,500."