Could the SSI "In-Kind Income" Definition Change?

Author

Entrusted Legacy Law

For more information about the author, click to view their website: Sharek Law LLC

Posted on

Jul 12, 2023

Book/Edition

Pennsylvania - Greater Pittsburgh Area

A newly proposed rule by the Social Security Administration (SSA) could ultimately change the way “in-kind income” is defined for recipients of Supplemental Security Income (SSI).

What Is SSI?
Supplemental Security Income (SSI) is a federal public benefits program that provides monthly payments to individuals with limited means, including people with disabilities and seniors. In many cases, recipients of this type of benefit automatically qualify for Medicaid as well.
In 2023, the federal SSI payment standard is $914 per month for an individual ($1,371 per month for a couple).

SSI Income Guidelines
Individuals who receive SSI must meet very strict guidelines in order to continue qualifying for these public benefits.
For people with disabilities, these guidelines include having an impairment that meets the SSA’s narrow definition of “disability” as well as maintaining specific monthly limits on their assets and income.

SSA’s Definition of Income
As SSI support is intended for those with limited means, any additional income could potentially put an SSI recipient’s benefits in jeopardy.
According to the SSA, income includes “any item an individual receives in cash or in-kind that can be used to meet his or her need for food or shelter.”
An SSI recipient whose income exceeds their monthly SSI award – even if it is unintentionally – can result in the individual losing their benefits or having them lowered by a certain amount.
Historically, SSA has included “free food” in its definition of income. SSI recipients must provide the SSA with details about their food expenses. A recipient who accepts so-called “in-kind support and maintenance” (ISM) in the form of food, such as a supply of groceries brought to the recipient by a family member or friend, generally will have their benefits reduced by about one-third.
Fortunately for SSI recipients, this is something to which the SSA is now proposing a shift.

Proposed Rule
In February 2023, the SSA announced its proposal to omit food from its calculations of ISM. If put into effect, Supplemental Security Income recipients who receive this type of support may no longer see their benefits shrink as a result. In addition, they would no longer need to report their food expenses to the SSA.
“The complexities of our current food ISM policies may outweigh their utility,” the SSA states in its proposed rule. “The current requirements for reporting in-kind food receipts could discourage SSI applicants and recipients from receiving an often informal but important form of help.”
In addition to simplifying reporting requirements for SSI recipients as well as processing time for the SSA, the SSA says the new rule would “provide increased financial security to impacted beneficiaries; provide consistent treatment of food support regardless of source; … and facilitate improved food security among beneficiaries.”
The SSA will be seeking public comments on this proposed rule up until April 17, 2023.

Additional Resources
To learn more about these benefits, refer to this introduction to SSI, or consider consulting with a qualified special needs planner in your area.

Contact Sharek Law Office at 412-347-1731 or click here to schedule a complimentary 15-Minute Call to learn how we can help.
 
This article is a service of Sharek Law Office, LLC. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life and Legacy Planning Session, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge. Please note this is educational content only and is not intended to act as legal advice. 

To view the original version of this article visit www.shareklaw.com/post/could-the-ssi-in-kind-income-definition-change
Seniors Blue Book was not involved in the creation of this content.

Other Articles You May Like

What You Must Know About Your Right To Your Spouse's Retirement

If youre part of a blended family (meaning you are married with children from a prior marriage in the mix), youre no stranger to the extra considerations and planning it takes to keep your familys life running smoothly from which parent your children will be with for the holidays to figuring out the schedule for a much-needed family vacation. Youve also probably given some thought to what you want to happen to your assets and your family if something happens to you. But what you might not have realized is this: If you dont create a plan for your assets before you die, the law has its own plan for you that might not reflect your wishes for your assets, especially your retirement assets. And if youre in a blended family, this can have a significant financial impact on the ones you love and even create expensive, long-term conflict.This week, we explain how the law affects retirement distributions for married couples, and why you need to be extra careful with your retirement planning if youre in a blended family to ensure your retirement account assets go to the right people in the right amounts after youre gone.Be Aware of How ERISA Affects 401K DistributionsIf youve remarried, you and your new spouse have probably talked about updating the beneficiary designations on your retirement accounts to reflect your blended family arrangement. (If you havent talked about it, you need to talk about it ASAP). Sometimes, people who are remarried decide to leave their retirement funds to their children from a prior marriage and leave other assets like their house and savings accounts to their current spouse. You may do this to avoid future conflict between your spouse and your children over your assets.But even if you want to leave your retirement for just your children, if youre married and your retirement account is a work-sponsored account, your children wont inherit the entire account even if you name them as the sole beneficiaries. Thats because the federal Employee Retirement Income Security Act (ERISA) governs most employer-sponsored pensions and retirement accounts. Under ERISA, if youre married at the time of your death, your spouse is automatically entitled to receive 50 percent of the value of your employer-sponsored plan even if your beneficiary designations say otherwise.The only time that your surviving spouse would not inherit half of your ERISA-governed retirement account is if your spouse signs an official Spousal Waiver saying they are affirmatively waiving their right to inherit 50 percent of the account, or if the account beneficiary is a Trust of which your spouse is a primary beneficiary. IRAs Have Different Rules Than 401KsIf you want your children to inherit more than 50 percent of your work-sponsored retirement benefits, and completing a Spousal Waiver isnt an option, consider rolling the account into a personal IRA instead.In contrast to 401(k)s and similar employer-sponsored plans, IRAs are controlled by state law instead of ERISA. That means that your spouse is not automatically entitled to any part of your IRA. When you roll a 401(k) into an IRA, you gain the flexibility to name anyone you choose as the designated beneficiary, with or without your spouses consent. On the other hand, if you want to ensure your spouse receives half of your retirement savings, make sure to include them as a 50 percent beneficiary or better yet, have your individual retirement account payout to a Trust instead. With a Trust, you can:Document exactly how much of your retirement you want each of your loved ones to receiveControl when they receive the funds outrightEasily update and change the terms of your Trust without having to remember to update your financial accounts.Beneficiary Designations Always Trump Your WillWhether you have an employer-sponsored 401K or an IRA you manage yourself, there is one critical rule that everyone needs to know: beneficiary designations trump your Will.A Will is an important estate planning tool, but most people dont know that beneficiary designations override whatever your Will says about a particular asset. For example, if your Will states that you want your retirement account to be passed on to your brother, but the beneficiary designation on the account says you want it to go to your sister, your sister will inherit the account, even though your Will says otherwise.Similarly, lets imagine that you get divorced and as part of your divorce decree your ex-spouse agrees that they will not have any right to your retirement fund. However, after the divorce, you forget to take their name off of the beneficiary designation for the account. If you die before updating the beneficiary designation, your former spouse will inherit your retirement account. If you forget to update your ERISA-controlled account and have remarried, your current spouse would receive half of the account and your former spouse would receive the other half. Thats why its so important to work with an estate planning attorney who can make sure your accounts are set up with the proper beneficiary designations and ensure that your assets are passed on according to your wishes.Work With An Attorney Who Makes Sure All Your Assets Will Be Passed On How You Want Them ToUnderstanding how the law affects different types of assets is essential to creating an estate plan. But theres more to it than just having a lawyer you need an attorney who takes the time to really understand your family and your assets so they can design a custom plan that achieves your goals for your assets and your legacy. Thats why we help our clients create an inventory of all of their assets to ensure that every asset they hold is accounted for and passed on to their loved ones exactly as they want it to.Contact Entrusted Legacy Law at 412-347-1731.

Navigating Long Term Senior Care Costs: What if My Parents Run Out of Money?

As we journey through life, many people find themselves facing one of the most pressing concerns: ensuring that they provide care and support to their loved ones, particularly their aging parents, as they transition into their senior years. Long-term senior care frequently raises questions and concerns, with one of the most common worries being, What if my parents run out of money?The cost of senior care services can indeed be a significant burden on families. Many are apprehensive about the affordability of these services and the potential financial strain they might impose. This is where a comprehensive continuum of care approach, like the one offered by Grace Pointe of Greeley, can make all the difference.Tailored Care for Your Unique NeedsOur team of experienced care professionals adopts a personalized approach to assess the specific care needs of each resident. We commit to ensuring that you dont pay for services that you or your loved one dont need. This ensures that you wont bear unnecessary costs, and your loved ones will receive the appropriate level of care to enhance their quality of life.If the affordability of long-term senior care concerns you, Grace Pointes approach is here to help. We dedicate ourselves to providing the right care at the right cost, supporting both your financial peace of mind and your loved ones well-being.To learn more about our long-term senior care services and our continuum of care approach, visit our Grace Pointe of Greeleys Long-Term Senior Care Services page.Frequently Asked Questions About Long-Term Senior CareAt Grace Pointe, we understand the financial concerns that come with long-term senior care, and were here to put your mind at ease. Our continuum of care services is designed to ensure affordability while providing your loved ones with the precise level of care they need. We understand that every individual is unique, and their care requirements can vary greatly which is why we have compiled this list of FAQs about long term senior care services below.What is long-term senior care, and when is it needed?Long-term senior care is a comprehensive service designed to provide assistance and support for seniors who may require help with daily activities due to age-related challenges or medical conditions. It becomes necessary when individuals find it increasingly difficult to maintain their independence and well-being.How do I know which type of long-term senior care is suitable for my loved one?Our experienced care professionals at Grace Pointe will assess your loved ones individual needs and recommend the most appropriate level of care. We believe in personalized care plans to ensure your loved one receives the best possible care.What is the cost of long-term senior care at Grace Pointe, and how can I afford it?The cost of long-term senior care varies depending on the level of care and services required. Grace Pointe offers a continuum of care approach, ensuring you only pay for the care your loved one needs. We will work with you to explore financing options, including community resources for Medicaid and Veterans benefits, to make care more affordable.Can I visit my loved one in long-term senior care at Grace Pointe of Greeley?Yes, we encourage family visits and understand the importance of staying connected. We also encourage you to enjoy activities and events to see the life of Grace Pointe experienced by your family members. There are some guidelines for visiting after hours to ensure the safety and comfort of the Grace Pointe residents, which can be discussed with our staff.How can I learn more about Grace Pointes long-term senior care options?You can explore more details about our long-term senior care services on our Long-Term Care Services page. Feel free to contact our team for specific information and to request a tour.How can Grace Pointe of Greeley help ensure that I dont pay for services my loved one doesnt need in the long term?At Grace Pointe, we understand the importance of affordability in long-term senior care. We offer a continuum of care approach, which means we tailor care plans to your loved ones specific needs. By doing so, we ensure that you only pay for the necessary services, maximizing affordability while maintaining high-quality care. Can I modify my loved ones care plan if their needs change over time?Yes, we understand that care needs can change. At Grace Pointe, we regularly review care plans and adjust them to accommodate changing requirements to ensure your loved one receives the best care.For answers to common questions about long-term senior care and all our services, visit our FAQ page.Dont let financial concerns hold you back from providing the best care for your aging parents. Grace Pointe of Greeley is here to support you every step of the way. Reach out to our care team with any other questions you may have about your familys care.

5 Reasons to Keep Your Printed Photos

Let's say that you came across a shoebox full of old loose photographs or a few inherited family photo albums when you were in the process of decluttering your home. Let's also assume that you have made the conscious decision to have these pictures scanned by a Professional Photo Organizer in order to share them with your friends and family. The question will inevitably arise: what do you do with the original photos after they've been digitized? In the spirit of downsizing and getting rid of things that take up space in your home, your first thought may be to throw them away. The photos already on a flash drive, your cloud drive, and your computer - why would you need to keep the originals? The original photos are the best backup, especially if you use a cloud sync service to view/share your digital photos (i.e., Apple Photos, Google Photos, etc.). There are few worse things than accidentally deleting a photo on a synced drive (meaning it gets deleted EVERYWHERE) and realizing that you have no way of getting it back!Storage hardware and cloud software failure are rare occurrences, but they can be devastating. If you experience a power surge that damages your computer or the cloud software you use shuts down, you are really going to regret throwing the originals away! It is also important to note that hard drives have the potential to fail within a year, and most external hard drives only last around 3 years before they start experiencing data loss.Destructive edits made to a photo (i.e., cropping, lighting/color adjustments, etc.) can be difficult or impossible to undo, especially if it is the only digital copy you have access to. The original copy is always going to be your best reference if edits go awry!The original, printed photos are format-less. That is to say, you don't have to worry about "paper technology" changing as we advance further into the digital world. These "analog" photos are going to be able to be viewed by anyone at any time without the restrictions of cross-compatibility or file format.Using some sturdy archival boxes and labeled divider tabs as you sort through your photos can optimize your storage space! This means you can still maintain your goal of downsizing and clearing space! However, in order for this to be most effective, proper storage practices need to be used. Photos should not be stored in the attic, basement, garage, or anywhere where temperature and moisture levels fluctuate. By the way, you don't have to keep ALL your printed photos - just the ones that you consider the best and most meaningful! If you have already sorted through your photo collection and removed the blurry and "finger-in-frame" photos before they were scanned, finding the space in your home to store the originals of your favorite photos should be a non-issue. Also keep in mind that having photos you took on your phone printed is a great idea, as long as you create space on walls, in albums, or in photo books for them.

View Details

Entrusted Legacy Law

Elder Law 100 Pinewood Lane Suite #303, Warrendale, Pennsylvania, 15086

Our Firm Prepares You for Life What makes our firm different is that we were built with the needs of growing families in mind. We understand you are BUSY, you are growing, you are planning for a life of prosperity and you value ease, convenience and efficiency. You are raising children, and caring for elderly parents, while also working hard to build your own nest egg for a lifetime of support. You want to know youve made the best decisions for your family and that your plan will work when your loved ones need it most. You want to make sure your minor children would be raised by the people you choose, and never by anyone you wouldnt want, and that your teens and adult children are properly prepared to care for you and what you leave behind. You want to feel confident that youve made the right choices, and handled everything so that you arent leaving behind a mess, when something happens. That is our focus as well. Weve developed unique systems to give you the same access to a Personal Family Lawyer as was previously only available to the super-wealthy, so you can have the guidance you need to build and maintain a life of prosperity and wealth. And, to keep your family out of court and out of conflict, which is the greatest risk to the people you love and all you have created, even if youve already worked with a traditional lawyer or created documents online. Our Team Is Here for You We encourage communication with our clients. In fact, weve thrown out the time clocks so you never have to be afraid to call with a quick question. Everything we do is billed on a flat-fee basis, agreed to in advance, so there are never any surprises. We have a whole team to serve you. When you call our office to ask your quick question, you wont have to wait hours or days for a phone call back. Youll get your question answered, right away. And, if you need to schedule a more in-depth legal or strategic call with your Personal Family Lawyer, a call will be scheduled when you're both available and ready for the call so we can make the very best use of your time and not waste your time by leaving voicemail after voicemail back and forth. And, we ensure the most important details of your planning are followed through on and your plan continues to work throughout your lifetime. We have a funding coordinator to ensure your assets are owned the right way throughout your lifetime and none of your assets will end up going through a long, expensive court process or being lost to the state because they were missed after your death. Weve created unique membership programs to keep your plan up to date year in and year out as well as give you access to our Trusted Team of Legal Experts for guidance on ANY legal or financial matter. One day you will need a lawyer. I dont know why and I dont know when, but when you do, you will be grateful you can call on us and well be here to advise you or get you out of a jam. We Help You Transfer Your Life and Legacy Lastly, we believe your financial wealth is only a small part of your overall Life and Legacy Planning which is made up of your far more valuable and most often lost upon incapacity or death intellectual, spiritual and human assets. These assets are what make you who you are, and sum up whats most important to you. And, a survey of inheritors has revealed that what they care about even more than inheriting your money, is inheriting these intangible assets. Most estate plans only focus on the transfer of your financial wealth to the next generation. Most people have such great intentions of passing on the intangible, but very few ever get around to it. Its just not a priority, until its too late. How much do you know about your grandparents values? Their most prized personal possessions? How they felt about you? What they had learned during their lifetime? If you are like most people, you know very little. Thats why we build the capture and passage of these most valuable assets into every estate plan we create. Not only will we help you pass on your money, but also your values, your insights, your stories and your experience the truly valuable assets your loved ones care about the most. Weve developed a tool that allows us to capture and pass on your whole family wealth, including your Intellectual, Spiritual and Human assets. I cant go into all of the details here, but well definitely talk about it when you come in for your Life and Legacy Planning Session.