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SSI federal regulations for those who enter medical facilities

Floridians who are receiving Supplemental Security Income often have concerns as to the parameters of maintaining their disability benefits and what circumstances can affect their benefits. Some recipients might have to enter the hospital or a nursing home for a period and wonder whether or not this will cause them to lose their SSI benefits. The way that the Social Security Administration (SSA) deals with this is that if the person receiving the benefits needs to be put into a medical facility with Medicaid paying greater than half of what the care costs, the SSI benefit will be limited to $30 per month.

Those who are 18-years-old or older and live in a public medical facility in which more than half of the costs are not being paid by Medicaid will not be able to receive SSI. For a person under 18, if more than half the costs are being paid by Medicaid or private insurance, the SSI benefit will be limited to $30 each month plus a possible supplementary payment from the State. If there is income in any circumstance, SSI could be reduced commensurately. A child under 18 who is in a facility in which Medicaid or private insurance is paying more than half of the costs, there will be no SSI benefits.

For those who are spending a short amount of time in the facility, there is a special rule. If it is 90 days or fewer, the SSI benefits can continue for that period of time. There are certain pieces of information that must be provided to the SSA. There must be a written statement from a doctor saying that the person will be in the facility for 90 consecutive days or less; there will also have to be a statement from the person or someone who is aware of the situation saying that the individual needs the SSI benefits for maintenance of the home or other residential needs while staying in the facility. This information must be provided before leaving the facility or by the 90th day staying there, whichever comes first.

People who are receiving SSD benefits of any kind need to know about the sometimes confusing details that come with federal regulations. This is especially true with SSI benefits and the need to be placed in a facility. Speaking to an attorney experienced in helping clients with their Social Security disability is helpful for SSI recipients and their families.

Source: SSA.gov, "Spotlight On Continued SSI Benefits For Persons Who Are Temporarily Institutionalized -- 2016 Edition," accessed on March 21, 2016

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