Girlfriend's SSI Was Cancelled Because of My Income

[jdraper3]

My girlfriend has been disabled for years and has received SSI. We recently moved in together (in the state of Texas), and after changing her information on file with the SSA, we were called in for an update.

The rep at the SSA gave us two choices for our "living arrangement" - Friends, or Common Law married. We have never presented ourselves as married, and although we are in a relationship, we keep a roommate-like situation due to her very limited income and my inability to support her financially.

Regardless, he informed us that unless we were strictly friends, then we were required to say "common-law", and now the SSA has a sworn statement from us saying that we present ourselves to the community as husband and wife, which is COMPLETELY UNTRUE!

Based on my income, they completely cancelled her benefits and told her that as long as she lives at my address, she cannot appeal the decision. She tried to explain that our living situation isn't common-law, and the phone rep at the SSA said "well that sounds a lot like fraud..." Unbelievable!

Her own mother (according to SSA) wasn't responsible for supporting her when she lived with her (thus she received SSI), so why should I be? I'm just her boyfriend, and we haven't even been together for that long!

I'm not sure what to do at this point! I can't support her, and if she can't pay her part of the bills, she is going to have to move back home with her mom, which is a very toxic environment for her.

[jk]

first, whether common law marriage is even a possibility or not depends on the state involved. You refused to provide that bit of information you were asked for.

[jdraper3]

Sorry about that, I updated the post to reflect the state we live in - Texas, which I know allows for common-law marriage, but has strict requirements, none of which we fulfill.

[jk]

The problem is; you have two possibilities; 1. you are married 2. you aren't.

Being friends, enemies, lovers, or anything else is irrelevant since they cause no legal relationship. Marriage does.

so, when you were asked this:

The rep at the SSA gave us two choices for our "living arrangement" - Friends, or Common Law married.

You say; friends

Based on my income, they completely cancelled her benefits and told her that as long as she lives at my address, she cannot appeal the decision.

How do they prevent her from filing an appeal? What makes even less sense. If you are common law married, unless you divorced, you would always remain married. That doesn't change just because you live together or apart

Regardless, he informed us that unless we were strictly friends, then we were required to say "common-law", and now the SSA has a sworn statement from us saying that we present ourselves to the community as husband and wife, which is COMPLETELY UNTRUE!

so, they do have a sworn statement with you claiming you are common law married. How did that happen?

I suspect you are beyond self help and should attempt to find a lawyer that can help you out here.

[Janke]

She can appeal a denial of a claim or the stopping of benefits as long as she does so within 60 days of the date of notice. She should submit an SSA 561. She should submit it in person and get a receipt or copy of a receipted appeal. She can ask for an expected time frame for a decision and then follow up if a decision is not made in that time. She can talk to the supervisor. She can talk to her Congressperson. Doesn't mean she will prevail. Doesn't mean SSA will agree or work as fast as she wants.

SSI can make a decision that you are holding out as married even if the state of Texas does not recognize it. But there is supposed to be some evidence, unless you both sign statements that you do hold out as married. Why sign such a document if it is not true? What should SSA believe, what you said before you knew the ramifications or what you said after her checks stoppped. When you were asked about your income, why did you supply the information? Probably should gather up any and all documents showing that you have separate financial lives including bank account statements, tax returns, rental agreements, your W-4 form to show that you never claimed her as a dependent (but maybe you did), credit card bills; statements (signed and preferably notarized) statements from friends, family, neighbors, the landlord, others who know you, about how you present yourselves to the public. How do you and she mix your money? Do you have separate bank accounts? Do you really run your finances like roommates? Does she pay 1/2 of the food and shelter bills and how do you keep track of that? Or is there one pot of money?

If the initial reconsideration request is denied, she can file a request for a hearing before an Administrative Law Judge. Can be months before a hearing is held.

She should keep copies of all documents submitted. SSA has a problem keeping track of paper sometimes.

SSA should not be talking to you, however, and does not owe you any explanations. You are not a party to her eligibility. She is not even your spouse, according to you.

I am curious about some things that have nothing to do with your question. What is she diagnosed with? How does it prevent her from working? Does she plan on going back into the work force some day?

[jdraper3]

Thank you for the quick replies. It seems as though an attorney may be her only chance here..

I know that it was extremely dumb for us to agree to put "common law" as our living arrangement, but the guy conducting her interview made it sound like we had no choice or we would be breaking the law. He said that the SSA doesnt recognize living arrangements for couples as anything other than married or comon-law, which makes absolutely no sense to me. I tried to argue my point to no avail, and my GF was on the verge of a panic attack so I just agreed to it.

To answer your questions Janke, she has severe social anxiety and depression and has been told by psychologists that there is little chance of her ever being to work. She has been disabled for over a decade, but unfortunately for her, she waited far too long to file for disibility (due again to ber social phobias) and now she doesnt have enough work credit for her age so SSI is her only option. She wants to work again in her previous profession as a dog groomer, which she went to school for, but after knowing her for the past year and seeing the issues that she goes through, I don't see it happening for her unfortunately.

[jarchack]

An attorney can probably help but in short... you messed up with the common law thing. Given the fact that her diagnosis is psychological and she can walk and talk and function in a relationship the odds are stacked against you. I'm in the process of an appeal now and with social security tightening its belt you pretty much have to be a vegetable to get disability with having just psych related issues. Social phobias? Physical limitations? Take meds and get a desk job... That's what they told me. I think your GF is perfectly capable of working... finding a job that she could function in would be almost impossible.

[jdraper3]

One thing that really scares me is that now there is a document on file that says that we represent ourselves as common law married. What if things go bad in our relationship and she wants to take my assets (hey anything can happen)?? If we break up do I have to file for a divorce??

I also don't think it's fair that the government expects me to support her, but i'm not even legally entitled to file head of household (despite her disability) because she isnt my wife. Yet the SSA says we are common law married!

Frustrating situation...

[jarchack]

According to Texas Law you do not have an "informal marriage" until you file it as such with the state of Texas. I am not a lawyer but I can tell you you are headed for a world of hurt if you do not have this girl move back to her Mom's and you do not extricate yourself from this whole situation.

Lawyer up and back out of this mess while you can.

[Janke]

If you were supporting her you might be able to file as head of household (not sure of all the IRS rules) but you haven't been so that question is off topic. SSI has been supporting her. If you were married, you could file married joint, not head of household.