If I report that James lives with me, can they count his income against what i can make on SSI? (Full Version)

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Toppingfrmbottom -> If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 11:30:56 AM)

I think they can but a friend says she don't see how come they would.

I get SSI based on not being able to work at all and having no access to any money of any kind. So if he works and I report that, not only does he live here, he works, I assume they'll say well you can have access to his money so you don't qualify for SSI or we're cutting how much you make.

And he does not make enough to support both of us, or have my income cut.



AthenaSurrenders -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 11:43:05 AM)

I don't know the rules in the US, but I am certain that if you're required to report that he lives with you and you don't, you're going to be in a lot of trouble if they catch you. Here in the UK that's classed as benefit fraud and can carry a prison sentence.

Is there any sort of online calculator you can look at? There may be a cut off point - he may not earn enough to affect your payments. Failing that, is there any sort of citizen's advice or legal advice you can get to look at your options?



Lucifyre -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 11:45:34 AM)

All household income is counted



TheLilSquaw -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 11:47:19 AM)

All household income counts against SSI.

If you don't report it and it's found out that he is living there and has income you will have to pay back the over payment and may face fraud charges.



ETA: They tell you to report any income changes within 15-30 days of the change.



AthenaSurrenders -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 11:48:38 AM)

http://www.disabilitysecrets.com/counting-marital-income.html
http://www.ssdrc.com/5-57.html
http://www.ssa.gov/pgm/disability.htm

some of these may help.



Toppingfrmbottom -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 12:08:32 PM)

They did not count my parents. My dad is retired and on retirment ssi, and pension.


quote:

ORIGINAL: Lucifyre

All household income is counted



Toppingfrmbottom -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 12:14:39 PM)

No Athena, there's no legal counsel or like advice things I could ask locally that i know about at least.



Darkfeather -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 12:18:05 PM)

It doesn't matter if they count it or not, if they find out about it and you didn't tell them you run the risk of them cancelling you outright. SSI is a miasma of rules and regulations, and they WILL drop you at the slightest infraction. If you have any doubts, there are lawyers who handle specifically SSI issues and concerns, so you could go to one first and ask there about if his income will be deducted. But you definitely should report him, because you never know when you will be audited



rhymeswithcupid -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 12:23:31 PM)

Long and short of it ... Whether it will affect your SSI or not, you are legally obligated to report his income. If you don't and you are found out later (and you will be found out at some point) you will be required to repay the any over payments you received based upon his income. You may also be fined.

I'm not saying that there WILL be an affect on your SSI but my parents went through a similar situation. Mom was working outside the home when Dad began receiving SSI so they both assumed her income didn't matter. Being a child at the time, I'm not aware of exactly how much money my parents ended up losing and having to pay back, but I do remember it being a very stressful and uncertain time in my household when the government finally did become aware of Mom's job.



DarkSteven -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 12:54:56 PM)

Could you set up a situation in which he rents to you? If the two of you are renting, whose name is on the lease? Is a sublease situation possible?



Toppingfrmbottom -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 1:01:52 PM)

We could always claim that he's a renter to my dad, and not my bf. Cause he does pay rent to my dad, and my dad owns the home.
quote:

ORIGINAL: DarkSteven

Could you set up a situation in which he rents to you? If the two of you are renting, whose name is on the lease? Is a sublease situation possible?

quote:

h he rents to you? If the two of you



DarkSteven -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 1:04:28 PM)

Okay. Your dad owns the home that you two live in.

Does anyone live there aside from the two of you?
Do you pay rent to your dad? Does James pay rent to your dad? Do you pay anything to James?



MrRodgers -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 1:05:34 PM)

quote:

ORIGINAL: Toppingfrmbottom

No Athena, there's no legal counsel or like advice things I could ask locally that i know about at least.

There should be a local county legal services office where they evaluate and advise within the area of law in which you need help and often assign an atty. that takes your case pro bono (free) or are billed for what you could call a co-pay. That however can be $150/hr. and/or so much per document and court visits.

I do know about Canada and only as an indicator in that it is more generous than the US., they do count any additional household income but the total household income level is so high that few see a reduction in benefits and even if there is...it is very small.



Toppingfrmbottom -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 1:06:20 PM)

We are not married by the way, so we can't be considered spouses, unless you count common law cause we have been together for 7 years and some places consider that good as married.



MrRodgers -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 1:13:11 PM)


quote:

ORIGINAL: Toppingfrmbottom

We are not married by the way, so we can't be considered spouses, unless you count common law cause we have been together for 7 years and some places consider that good as married.

According to my research on the subject of common law marriage, there isn't a single legal jurisdiction in the US that recognizes it anymore at all.



Darkfeather -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 1:31:14 PM)

When it comes to SSI, you really don't want to second-guess what you can and cannot get away with. Really, they can and will drop you in a New York minute, with little to no notice, and they can audit you with as little notice as a knock on your door. Not to scare you, but I would not screw around with the government, especially when it's their money involved. Get a lawyer if you have any doubts, but really, get the situation squared away and legal. Remember, if you do get audited, they will go back months, even years into your finances and situation. Whats the saying, they can mess up and drop the ball hundred times, but all you have to do is mess up once...



Toppingfrmbottom -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 1:37:21 PM)

I don't get audits like those.

They tell me I am to bring all my bank statements from the last x amount of time, and I am to bring them in and they will look over them and I am to justify everything that is on my bank statement. They then ask my dad if his financials have changed, how much he pays for gas, and utilities and what not, and if they have, they factor that into how much rent I have to pay. I used to not have to pay rent at all, my parents didn't feel it was necessary, and then SSI said well if you pay rent we'll give you more money, so I started paying rent, then a few years go by, and they said well if you do not pay more rent than you are now, we will cut your SSI. So I paid more rent.

His money is not tied to me in anyway. He has his own bank account, we keep separate finances, yours is yours and mine is mine.


Oh yes, they are rules on top of rules on top of rules. I had some savings CD's once i never knew I couldn't have and when they found out I was told I had to pay back ever single dime they'd given me during the times I had those CD's and I appealed it and won. But you have to be so careful about what you don't know.
quote:

ORIGINAL: Darkfeather

When it comes to SSI, you really don't want to second-guess what you can and cannot get away with. Really, they can and will drop you in a New York minute, with little to no notice, and they can audit you with as little notice as a knock on your door.



DarkSteven -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 1:44:59 PM)

Okay. Your legal position is that you are a renter, and James is a renter. You have a very good argument that, because your finances are separate, that you do not constitute a household. That, plus you're not married. Do a little Googling to define better what the requirements are to be considered co-tenants, and adjust your lives accordingly to give yourself the best chance of making them accept that your households are separate.



Darkfeather -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 1:47:08 PM)


quote:

ORIGINAL: Toppingfrmbottom

I don't get audits like those.

They tell me I am to bring all my bank statements from the last x amount of time, and I am to bring them in and they will look over them and I am to justify everything that is on my bank statement. They then ask my dad if his financials have changed, how much he pays for gas, and utilities and what not, and if they have, they factor that into how much rent I have to pay. I used to not have to pay rent at all, my parents didn't feel it was necessary, and then SSI said well if you pay rent we'll give you more money, so I started paying rent, then a few years go by, and they said well if you do not pay more rent than you are now, we will cut your SSI. So I paid more rent.

His money is not tied to me in anyway. He has his own bank account, we keep separate finances, yours is yours and mine is mine.


Oh yes, they are rules on top of rules on top of rules. I had some savings CD's once i never knew I couldn't have and when they found out I was told I had to pay back ever single dime they'd given me during the times I had those CD's and I appealed it and won. But you have to be so careful about what you don't know.
quote:

ORIGINAL: Darkfeather

When it comes to SSI, you really don't want to second-guess what you can and cannot get away with. Really, they can and will drop you in a New York minute, with little to no notice, and they can audit you with as little notice as a knock on your door.



They usually won't physically audit you unless they suspect something fishy. And as you said, as long as you are honest with everything, the amount they take out is minimal at best or you actually get more. Like I said, if you have concerns, look for an SSI lawyer. In the long run, it is better to tell em everything than to get caught in a deception



Toppingfrmbottom -> RE: If I report that James lives with me, can they count his income against what i can make on SSI? (2/21/2013 1:49:01 PM)

yes, I agree Dark Feather.



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