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Maintaining SSI benefits if owing SS money

How to retain SSI benefits if owing SS money and unable to pay back at this time? Are there rules and regulations around how much might be withheld on the SSI benefits during a period of financial duress?

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Attorney answers (1)

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If you are asking if you can borrow money from family or friends, generally this can be done without affecting SSI eligibility. However, it has to be clear and provable to Social Security that the money was a loan and not a gift.

SSI is a "needs based" program. So if someone is providing money, or food, clothing or shelter, the SSI benefits may be reduced.

I have had a number of cases where a client lives with family while the SSI cases is winding its way through the SSA system. If the claimant is expected to pay back the cost of rent or utilities, I encourage them to get a written agreement (it does not have to be a lease) stating what the claimant will pay for and an itemization of the expenses. While this is not bullet-proof, it can help convince Social Security that this was a loan and not a gift, thereby preventing a reduction in benefits if the individual is approved.

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