Should I File An Appeal?

May 16 2020 - 8:34am

I am drawing SSI and elagiable for Difficulty of care act payments. Is this something they can take out of my SSI? Reporting requirements state earned and unearned income must be reported. This payment is not taxable and nor refundable at end of year. It's considered reimbursement. SS says it is to be deducted. Should I appeal this or just deal with IT?
Thanks Kathy

Hi Kathy,

I'm not familiar with difficulty of care act payments, and my expertise in the Supplemental Security Income (SSI) program is limited. However, if the payments you refer to are in-home supportive services payments then the following section of Social Security's operations manual indicates that the payments might not count as income for SSI purposes if the payments are paid directly to an eligible individual to pay for the services: https://secure.ssa.gov/apps10/poms.nsf/lnx/0501320175. I don't know if this reference applies to your specific circumstances, though. You may also want to read the following reference from the manual to see the information addresses your situation: https://secure.ssa.gov/apps10/poms.nsf/lnx/0500815050.

I can't tell you whether or not you'd be successful if you file an appeal, but it probably wouldn't hurt to do so. No fee is required to file an appeal, and appeal determinations are made by a person who was not involved in the original decision in your case. Therefore, filing an appeal would assure a review of your case by a fresh set of eyes.

Best, Jerry