Emergency Memorandum-24048
—Omitting Food from In-Kind Support and Maintenance Calculations

•              Supplemental Nutrition Assistance Program (SNAP) (aka “food stamps”) will no longer be considered when SSA calculates In-Kind Support and Maintenance (ISM).

•              This EM details the instructions that Field Office (FO) and Regional staff will follow when implementing these changes starting Monday.

  • Over 60

Today marks a significant transformation for Supplemental Security Income (SSI) beneficiaries as the Social Security Administration (SSA) implements new rules that overhaul how rent subsidies and food assistance are handled. These changes will expand eligibility for SSI, increase monthly benefit amounts for many recipients, and simplify the application and maintenance processes. By removing food from

Since its creation in 1972, the federal Supplemental Security Income (SSI) program has provided financial support to low-income individuals who are over age 65 or have a disability.

In March 2024, more than 7.4 million people across the United States received SSI benefits.

What SSI Includes

Through SSI, qualifying individuals receive monthly payments intended to help with

Oh dear, my client is getting a big lump sum retroactive award from SSA!

An attorney asks:  

I am seeking guidance for a client who is potentially subject to back pay from SSA. If a person is not able to spend down the funds is there a best way to move money out of their

The new rule changes paragraph (b) of the existing regulation on Inkind Support and Maintenance, 20 CFR 416.1130 to read as in new paragraph (b). 

The old rule of paragraph (b) provided:

(b) How we define in-kind support and maintenance. In-kind support and maintenance means any food or shelter that is given to you

The Social Security Administration (SSA) has published a final rule simplifying and expanding its rental subsidy program for Supplemental Security Income (SSI).

Effective September 30, 2024, the new rule is likely to allow more people to qualify for SSI. In addition, some current SSI recipients may see an increase in their monthly benefit amount as

When we do an SNT for a claimant on SSI and SSI-related Medicaid, the receipt of the personal injury award funds is countable unearned income in the month received.  If we transfer out the funds to an SNT, the funds do not become a disqualifying resource if completed before the first of the following month.

But what do we

Note: See update to this post from September 11, 2024

Medicaid benefits are required by federal law (Section 1634(c) of the Social Security Act in Title 19, Medicaid) to be continued for persons transitioning from SSI welfare benefits to Disabled Adult Child (DAC) benefits. They are NOT Pickle amendment people but are eligible for continuing

Whether supplemental or special, these trusts serve the same purpose of helping meet the needs of individuals with disabilities while still permitting them to qualify for vital public benefits programs. But there are different categories of special needs trusts and important differences between them that warrant a longer explanation. 
Continue Reading Supplemental vs. Special Needs Trusts: Any Difference?

When an unexpected inheritance or lawsuit proceeds are received by a person with disabilities who is on SSI-disability or SSI-elder benefits, the event calls for some special needs planning to continue the SSI monthly checks and Florida Medicaid without going over the $2,000 resource limit. Many think the best or only answer may be an