Voluntarily giving up SSI

downeylaw · Joined: 16 Apr 2008 Posts: 3

A former client receives SSI as well as SSDI. For a wide variety of reasons that are immaterial here, after meeting with Social Security, it was determined that she will receive only $30 per month for SSI. Her disability payments will remain unchanged.

My question is this....if we write a letter voluntarily withdrawing her from SSI, and we state that it is being done for financial reasons (and not because she is not disabled), will she still get the disability payments?

I know...it sounds confusing. If you need clarification, I can be reached at jrubin[at]downeyg.com.

Thanks.

MikeWalters · Joined: 13 May 2004 Posts: 1196 Location: Cincinnati OH

Although you will receive some quizzical looks at the Field Office, I see no reason that a claimant can't voluntarily terminate SSI benefits. See POMS link:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0502301230

Several other comments:

1) If your client has received money, or is owed money for SSI never use the word withdrawal. Withdrawal would involve repaying benefits already received or owed. What your client wants is a current termination

2) The only reference I see in POMS on SSI is termination, not suspension. It would be preferable if it were possible to simply suspend, rather than terminate SSI entitlement. I see nothing that would allow a suspension rather than termination.

3) You didn't ask, but just FYI, the opposite could not be done. You could not waive Title II benefits and continue to receive SSI. The SSI would be terminated if a person refused to file for (or receive) other benefits to which the person was eligible.

4) Depending on the State involved, loss of SSI would likely involve a loss of Medicaid.

Guest · Posted: Fri Aug 08, 2008 02:42 am Post subject: Re: Voluntarily giving up SSI

It makes no sense to say she wants to give up income for financial reasons.
Either she is eligible for SSI, and therefore should not give it up. Or she is not eligible and should report the reason for her ineligibility.
Medicaid is a very big reason to keep the SSI, and being on SSI & Medicaid means the Medicare premium of $96.40 is paid by the state. So she would be losing $30 + $96.40 = $126.40, plus Medicaid.