SSR 75-32: Rescinded 1981

20 CFR 416.1101(a), 416.1102(a), 416.1165 and 416.1185(a)

SSR 75-32

The claimant and her ineligible spouse live together in their own

household. Both are confined to wheelchairs. Although the spouse is

gainfully employed as a school teacher, the claimant is unable to work.

Her income is from Disability Insurance Benefits from Social Security, and

from the local welfare department. Held , after allowance

exclusions, the earnings of the ineligible spouse are deemed to be income

to the claimant which renders her ineligible for Supplemental Security

Income payments due to excess income.

The evidence shows that the claimant is 46 years of age. She is married

and resides with her husband and minor daughter. She has a ninth grade

education and formerly worked as a photographer retoucher. She and her

husband both appeared at the hearing in wheelchairs.

She testified, among other things, that she and her husband were married

on December 4, 1944. They have one daughter who is a student.

In July of 1962 she and her husband were involved in an automobile

accident, which resulted in serious injuries, both to her and her husband.

The injuries were so severe that her husband suffered the loss of use of

both of his legs. The claimant suffered injuries to her spinal column that

resulted in the loss of use of the entire lower part of her body,

including both her extremities. Both are confined to wheelchairs. The

husband obtained employment as a schoolteacher. His gross income from his

teaching position is $1,347 per month. After the usual deductions, his net

take-home income is $856 per month. The claimant in the meantime is

receiving medical and therapeutic treatment in local medical facilities

and hospitals. She is completely disabled, cannot care for herself, and

requires 24 hours a day care. Her income consists of $167 per month

disability payments from Social Security. This includes benefits for her

daughter

usual deductions, his net

take-home income is $856 per month. The claimant in the meantime is

receiving medical and therapeutic treatment in local medical facilities

and hospitals. She is completely disabled, cannot care for herself, and

requires 24 hours a day care. Her income consists of $167 per month

disability payments from Social Security. This includes benefits for her

daughter. She also receives $80 per month from the local welfare

department, plus her Supplemental Security Income payments of $122.40.

She further testified that, because of her physical condition it is

necessary to have the assistance of a full-time attendant to take care of

her needs at the cost of $85 per week. Furthermore the necessary expenses

for maintaining her family, including the expenses for medical care, and

the salary of the attendant, exceed their total income. They had to borrow

against their life insurance policies to help pay the added expenses.

Here the claimant and her husband are married and living in the same

household. He is an ineligible spouse because of his earnings as a

school-teacher. Under the provisions of Regulation 16, Section

416.1185(a), the claimant's husband's earnings from his teaching position

are considered earned income, which, after the allowable exclusions, will

be deemed to the claimant.

The amount of the income so deemed to the claimant is countable income for

purposes of determining her eligibility under the Act. Thus, his monthly

income of $1,374 per month is taken into consideration. This is earned

income-he is allowed to exclude $65 per month for expenses in connection

with his employment. This leaves a balance of $1,309. The sum of $73 per

month is excluded for a spouse's allotment, leaving a balance of $1,236.

Also, $65 per month is excluded for their child leaving a balance of

$1,171, which is deemed countable income to the claimant

h is taken into consideration. This is earned

income-he is allowed to exclude $65 per month for expenses in connection

with his employment. This leaves a balance of $1,309. The sum of $73 per

month is excluded for a spouse's allotment, leaving a balance of $1,236.

Also, $65 per month is excluded for their child leaving a balance of

$1,171, which is deemed countable income to the claimant. This amount is

far in excess of the allowance income specified in the Act, without even

considering the claimant's unearned income (Social Security). Although as

the claimant's physical condition requires extraordinary expenses, there

is no provision in the Act which would permit these expenses to be

considered for exclusion from countable income. Accordingly, I must

conclude that, under the provisions of the Act, the claimant has excess

countable income which makes her ineligible for Supplemental Security

Income benefits.

It is the decision of this Hearing Examiner that, based upon the

claimant's Statement for Determining Continuing Eligibility for

Supplemental Security Income Payments the claimant is not entitled to

further Supplemental Security Income benefits under Title XVI of the

Social Security Act, as amended.