[2] SSI was created to replace federal-state adult assistance programs that served the same purpose, but were administered by the state agencies and received criticism for lacking consistent eligibility criteria.
[11] Because both the SSI amount and the poverty standard are indexed to price inflation, this will continue to be true in the future, in the absence of legislative changes.
Sullivan v. Zebley was a landmark Supreme Court decision in 1990 that led to additional children qualifying for SSI based on disability.
[19] Although there are some exceptions, generally individuals must reside in one of the 50 states, the District of Columbia, or the Northern Mariana Islands to receive SSI benefits.
In April 2022, the Supreme Court ruled (in United States v. Vaello Madero) that it is constitutional to exclude residents of Puerto Rico from the SSI program, as the territory does not pay most federal taxes.
[26] The Social Security Administration, like the United States Government in general, follows English common law and considers a person to attain an age the day before their birthday.
'"[28] Substantial gainful activity (SGA), for 2021, is the ability to earn $1,310 gross income in a month's period for most disabled individuals.
These include:[47] In order to qualify for SSI, an immigrant must have been a legal resident of the United States before the Welfare Reform Act of 1996 took effect (August 22, 1996).
[48] People wishing to learn whether they might qualify for SSI should contact the Social Security Administration to schedule an appointment for an interview.
[50] Since Congress enacted "fugitive felons" and parole/probation violation provisions in 1996, the Social Security Administration has suspended benefits and charged overpayments to individuals receiving SSI on the basis of outstanding warrants.
[51] Individuals who are fleeing to avoid prosecution or incarceration for a felony or violating probation or parole are statutorily prohibited from receiving SSI or Title II Social Security benefits.
[52] The Social Security Administration interpreted the statutes broadly to include individuals whose names were matched against a warrant database.
[54][57] The SSI program (or Title XVI of the Social Security Act 1611) provides monthly federal cash assistance of up to $914 for an individual and $1,371 for a couple (as of 2020)[58] to help meet the costs of basic needs of food, shelter, and clothing.
To begin the process, people wishing to be considered must contact Social Security (there is a toll-free telephone number) to set up a disability interview.
The Social Security Administration (SSA) indicates that their "greatest payment accuracy challenges occur within the SSI program."
To avoid overpayment, when an individual knows they will surpass a resource or income threshold for a given month, they should proactively report this to the Social Security Administration.
A randomized control trial by SSA found mailing notices to individuals informing them about the SSI program sharply increased applications and benefit awards.
Among its recommendations, the authors of the study concluded SSA needed additional staff to effectively run the payee program.
Once an individual qualifies for Supplemental Security Income they automatically become eligible for several other assistance programs as allowed by Federal and State law.
[87] The Biden administration has proposed legislative changes[88] that would raise the maximum federal benefit under SSI to at least the poverty threshold for the United States (about $1,084 per month in 2020).
A regulation implemented by the Trump administration removed the inability to speak English as an educational factor to be considered in SSI and Social Security disability determination.
The regulation is projected to "result in a reduction of about 6,500 OASDI [Social Security] beneficiary awards per year and 4,000 SSI recipient awards per year on average over the period FY 2019-28, with a corresponding reduction of $4.6 billion in OASDI benefit payments and $0.8 billion in Federal SSI payments over the same period.
In addition, the Trump administration developed a proposal that would have made it more difficult for older workers to qualify for Social Security or SSI disability.
The Social Security Act requires SSA to consider a person's education and age when making disability decisions.
Officials in the Trump administration argued that older workers in the current economy no longer face the same difficulties as in the past with regard to meeting the occupational requirements of work and therefore tighter standards were necessary.
Some members of the House and Senate, including the Chairman of the Senate Finance Committee Ron Wyden, have requested the Biden administration include legislative proposals to increase SSI benefits to the poverty level and to adjust resource limits under SSI as part of the administration's "American Families Plan.
As a result, Congress has created special provisions in the law and funded large-scale research studies to test ways to improve outcomes for youth on SSI.
A special provision of the Social Security Act, called Section 301, allows disabled youth to retain benefits at age 18 so long as they are working in an approved program to prepare for employment in adulthood.
For example, youth participating in programs run by state Vocational Rehabilitation agencies may continue to receive benefits even if they do not meet the adult disability definition.
Interim impact results found positive employment and other outcomes from "case management, employment-promoting services, benefits counseling, financial education, and parent training and information about youth’s disability.