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The Social Security Disability
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Eligibility for Supplemental Security Income in California

Legal Practice Areas – Social Security Disability Benefits Attorney | Eligibility for Supplemental Security Income in California
Want to read this page in Spanish? Click here The Social Security Administration (SSA) offers Supplemental Security Income, or SSI, to blind or disabled individuals who have never worked or do not qualify for Social Security benefits through SSDI. The SSI program is available to those who are disabled under SSA guidelines, age 65 or older, or blind, as well as children with qualifying physical or mental impairments. Nonetheless, SSI is subject to strict eligibility requirements regarding income and resources, which makes obtaining these benefits difficult for many people trying to qualify for SSI. SSI recipients often rely on the guidance of experienced attorneys to navigate the complex application process and ensure they receive the benefits they are entitled to. Peña & Bromberg, PLC routinely represents individuals with disabilities in the Central Valley, California, and throughout the Nation, including residents of the District of Columbia. We have extensive experience helping our clients obtain the SSI benefit amount they deserve.

Income Limits for SSI

The income limit for SSI eligibility is based on the federal benefit rate (FBR which combines the SSI income limit and the maximum monthly SSI payment for individuals and couples. This rate increases each year if there is a Social Security cost-of-living adjustment. Generally, your monthly income cannot exceed the FBR. In short, the following is counted as income by the SSA:
  • Money earned as a result of performing work (“earned income”)
  • Payments from other benefit programs or sources such as Social Security, veterans benefits, a pension, alimony, or child support (“unearned income”)
  • Rent, shelter, or food benefits from a nongovernmental source, such as living rent-free with a friend or relative (“in-kind income”)
  • A portion of income earned by other people in the same household, such as a spouse (“deemed income”)
The SSA’s determination of “countable” income is complicated, however, because only a portion of your income is included. If you have earnings from work, for example, the SSA counts less than half of those earnings toward the monthly income limit. This calculation is critical for SSI recipients, as it may allow them to qualify for benefits even if their reported income initially appears too high. Moreover, the SSA excludes certain income and benefits in its income determination, including, but not limited to:
  • $20 per month of unearned income
  • $65 per month of earned income and one-half of earned income over $65
  • Medical care
  • Reimbursed expenses from a social services agency
  • Food stamps
  • Housing or home energy assistance

Asset Limits for SSI

Supplemental Security Income, or SSI, is basically designed for blind or disabled individuals who have limited financial resources. Generally, the asset limit for SSI eligibility is $2,000 for an individual and $3,000 for a married couple. The $2,000 threshold also applies to children. For a child under the age of 18 who lives with one parent, the resources of the parent or his or her spouse are “deemed” by the SSA. The first $2,000 of the parents’ total resources, or $3,000 if the child lives with two parents, are not counted by the SSA. The SSA counts assets that exceed these amounts toward the child’s $2,000 limit. In short, resources include:
  • Cash
  • Checking or savings accounts
  • Cash value in life insurance policies greater than $1,500
  • Stocks and bonds
  • Household goods and personal effects greater than $2,000
  • Motor vehicles (more than one)
  • Real estate (non-owner occupied)
However, certain assets are not included in the SSI resource limit, including but not limited to:
  • A home – must be the principal residence
  • A car – one motor vehicle is excluded from the asset limit
  • Wedding rings and engagement rings
  • Income set aside for SSI “PASS” savings
  • Burial Savings
  • State or local relocation assistance payments
  • Earned income tax credit payments
  • Grants, scholarships, fellowships, or gifts for tuition and educational expenses
  • Child tax credit payments
If your resources exceed the SSI asset limits, you are ineligible and will get what is known as a “technical denial” of benefits from the SSA. In some extreme cases, failure to report accurate income and resources could result in death penalties or serious legal consequences. Attorneys experienced with SSI recipients can help ensure compliance and avoid such pitfalls.

What Is a State Supplement?

Most states’ SSI assistance programs, including California, add funds to the SSI payment, or what is known as a state supplement. Even U.S. territories such as the Northern Mariana Islands and the District of Columbia have unique rules regarding SSI payments. In these states, the maximum monthly income limit and SSI payments exceed the federal limit. The benefit amount of this supplement varies from state to state, ranging from $10 to $400. Additionally, the amount of the state supplement depends on your marital status and living arrangements. In this regard, the supplement may only be paid to someone who is single or living in a nursing home. SSI recipients should be aware of these state supplements as they can significantly impact monthly income.

California Supplemental Security Income Attorney

At Peña & Bromberg, PLC, we are acutely aware that obtaining SSI benefits is crucial for blind or disabled individuals with limited financial resources. At the same time, we are all too familiar with the obstacles disabled individuals face when seeking these benefits. Our highly skilled disability benefits attorneys will offer you compassion and expertise, helping you navigate the Social Security system. We will work closely with you to evaluate your income and resources and guide you through the SSI program application process. If you or a loved one files an application and your claim is denied, we are fully prepared to handle an appeal on your behalf. Our team also advises clients on how state supplements and other assistance programs can enhance their monthly benefit amount. We have extensive experience representing SSI recipients, ensuring they receive the maximum benefits permitted under law. We have a proven track record of helping our clients obtain the benefits that they deserve. If you or a loved one needs assistance applying for SSI or your claim has been denied, call our office today for a free consultation or complete the contact form on our website. Located in Fresno, Peña & Bromberg, PLC serves clients throughout Central California, including the San Francisco Bay Area, Oakland, Bakersfield, Madera, Stockton, Fresno, Sacramento, & Modesto. The office assists clients with Social Security Disability and Veterans Disability nationwide, including residents of the District of Columbia. Member – National Organization of Social Security Claimants’ Representatives (NOSSCR).

What is SSI? How Supplemental Security Income Works

What is SSI?
Supplemental Security Income (SSI) is a federal assistance program designed for those who have not worked during their lifetime, or have not worked 5 of the last 10 years. It is only available to individuals who are disabled, age 65 or older, blind, or children under the age of 18 with qualifying physical or mental impairments. The SSI program, administered by the Social Security Administration (SSA), provides financial support to people with limited income and resources, helping ensure that those who are eligible for Social Security can meet their basic needs.
Social Security disability benefits are financed by employment taxes and are generally available to those who have paid into the Social Security Administration (SSA) system. These benefits are paid to eligible workers and their family members, based on the worker’s earnings. SSI, on the other hand, is a program administered by the SSA, funded by general taxes, and is designed for people with limited income and resources who may not have paid enough into the system. This program is available in all 50 states, the District of Columbia, and the Northern Mariana Islands. SSI eligibility and oversight are coordinated through the SSA and the Department of Homeland Security (DHS) to ensure that recipients are lawfully admitted for permanent residence in the United States.
Social Security disability benefits are financed by employment taxes and are generally available to those who have paid into the Social Security Administration (SSA) system. These benefits are paid to eligible workers and their family members, based on the worker’s earnings. SSI, on the other hand, is a program administered by the SSA, funded by general taxes, and is designed for people with limited income and resources who may not have paid enough into the system. This program is available in all 50 states, the District of Columbia, and the Northern Mariana Islands. SSI eligibility and oversight are coordinated through the SSA and the Department of Homeland Security (DHS) to ensure that recipients are lawfully admitted for permanent residence in the United States.
Resources are anything that you own that can pay for food and shelter, including savings and checking accounts, personal property, and non-owner occupied real estate. A home that is a primary residence, and certain other assets, are not included in the determination of resources. Generally, the limit is $2,000 for an individual and $3,000 for a married couple under the SSI program, administered by the SSA.
If you get married while you are receiving SSI, your spouse’s income and resources may reduce your SSI benefit. Additionally, if you and your spouse both get SSI, your benefit amount will change from an individual rate to a couple’s rate. The SSA oversees these calculations as part of administering the SSI program.
If you work while receiving SSI, you must report your wages to the Social Security Administration at the beginning of each month, and these earnings may or may not affect your SSI payment under the SSI program.
Most states, including California, provide additional assistance programs that supplement SSI payments. The amount of this supplement varies by state—ranging from $10 to $400—and may depend on marital status and living arrangements. These supplementary benefits are designed to enhance Social Security benefits for recipients with limited income and resources across all 50 states, the District of Columbia, and U.S. territories such as the Northern Mariana Islands. The SSA administers oversight to ensure proper coordination with the SSI program.
PASS is a Social Security Administration assistance program designed to help individuals with disabilities return to work. If you receive SSI, the plan allows you to set aside income for things you own to pay for items and services that are needed to achieve a specific work goal. PASS can include materials to start a business, equipment and tools, educational expenses, transportation, uniforms, and other items or services you need to reach an employment goal. This program helps people who are lawfully admitted for permanent residence or otherwise eligible for Social Security pursue independence while maintaining their SSI benefits under the SSI program administered by the SSA.
If you were denied SSI benefits for medical or non-medical reasons, you can file an appeal online through the SSA and provide documents electronically to support your claim. The SSA manages appeals as part of the SSI program.
Engaging the services of an experienced disability benefits attorney increases the likelihood that your SSI claim will be approved. An attorney can help determine that you meet the income and asset requirements, assist with the application process, and handle an appeal if a claim is denied within the framework of the SSI program administered by the SSA.