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  1. #1
    Join Date
    Oct 2006
    Posts
    8

    Default SSI Living Arrangement

    Hi, I'm new to this forum and hoping to gain much needed information to be able to assist my 27 year old son obtain the maximum from SSI

    He was recently deemed disabled by SSA after an almost 6 year battle. However, he will only qualify for SSI. In anticipation of forms to be received and completed, I'm wondering on the best way to structure his living arrangement.

    He lives in a condo I own. I can provide a rental agreement and a rental loan agreement to SSI to hopefully avoid 'in kind support". However, fair market value for rent in our area far exceeds the SSI benefit. I'm wondering since there isn't a mortgage on the property if I can rent the condo to him based on household expenses versus fair market rental value and still avoid in kind support or presumed market value? Thanks for any help and insight.

  2. #2
    Join Date
    Sep 2005
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    Default Re: SSI Living Arrangement

    It makes sense to consult a lawyer who does financial planning for Social Security beneficiaries. It may be best, for example, to use a special needs trust or similar vehicle.

  3. #3
    Join Date
    Oct 2006
    Posts
    8

    Default Re: SSI Living Arrangement

    Thanks for your input. I've already consulted lawyers regarding special needs trust - which addresses the future.

    This is a different issue. Since they disabled my son back to June of 2002 - I assume they will be requiring reporting for income, living arrangements etc., during this past time period so that they can determine the amount of SSI payment he would have qualified for each month.

    I know if simply reported that he lives in a condo that I pay for - that this is considered in-kind support and his SSI payment will be reduced by one-third each month that I provided him food and shelter.

    SSI regulations indicate an SSI recipient can have a "loan" for rent that is owed. Thus, not reducing SSI payment for in-kind support. The kicker is the rent charged must be fair market value. As my previous post indicated,fair market rental value in our area would be almost twice what the maximum SSI federal payment is. (our State doesn't add to the federal amount)

    SSI regulations indicate if an SSI recipient is paying their fair share of household expenses when they are in a shared living arrangement then again, no reduction in SSI for in-kind support. So---my question is ---would that same scenario apply in a rental situation. Though not paying fair market rental value - if the recipient was paying a rental amount equal to the household expenses - then would they not be subject to the reduction for in-kind support?

    I've asked three lawyers this question and others specific to SSI and their response has been that I contact SSA and inquire.Can't imagine why I would "alert" SSA or anyone else that they might need to scruitinize reports once they come back in because questions have been asked.

    Lawyers have been very helpful in the legal arena - such as representation in the case and advice on special needs trusts etc., but don't seem to be of help in these type of issues.

    I don't have a clue of how to locate possibly an SSI advocate. I'm anxious to be proactive here - because as we all know - once papers are filled out for a government entity - trying to amend them takes an act of congress.

    Here's hoping there an SSI expert in the forum somewhere!!!!

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