# SSR 75-32: SSR 75-32: Rescinded 1981

> Federal · Rulings · Rescinded

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_75_32

## Section

- **Citation:** SSR 75-32
- **Heading:** SSR 75-32: Rescinded 1981
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** Rescinded
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / SSI / Eligibility / SSR 75-32

## Text

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.

## Nearby sections

- [SSR 75-32 SSR 75-32: Rescinded 1981](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_75_32.md)
- [SSR 76-7 SSR 76-7: SECTION 1611(e)(1)(A) and (B) (42 U.S.C. 1382(e)(1)(A) and (B)) -- SUPPLEMENTAL SECURITY INCOME -- ELIGIBILITY DUE TO INSTITUTIONAL STATUS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_76_7.md)
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- [SSR 76-41 SSR 76-41: SECTION 1614(b) (42 U.S.C. 1382c(b)) -- SUPPLEMENTAL SECURITY INCOME -- DEFINITION OF ELIGIBLE SPOUSE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_76_41.md)
- [SSR 76-42 SSR 76-42: Rescinded 1985](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_76_42.md)
- [SSR 77-10 SSR 77-10: SECTION 1611(e)(1)(A) (42 U.S.C. 1382(c)(1)(A)) -- SUPPLEMENTAL SECURITY INCOME -- ELIGIBILITY -- STATUS OF INSTITUTION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_77_10.md)
- [SSR 77-20 SSR 77-20: SECTION 1611(e)(1) (42 U.S.C. 1382(e)(1)) -- SUPPLEMENTAL SECURITY INCOME -- ELIGIBILITY -- INSTITUTIONALIZATION THROUGHOUT A MONTH](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_77_20.md)
- [SSR 78-9 SSR 78-9: Rescinded 1982](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_78_9.md)
- [SSR 79-5c SSR 79-5c: Rescinded 1982](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_79_5c.md)
- [SSR 79-6 SSR 79-6: SECTION 1611(e)(1)(A) (42 U.S.C. 1382(e)(1)(A)) SUPPLEMENTAL SECURITY INCOME -- ELIGIBILITY -- EFFECT OF BRIEF ABSENCES FROM PUBLIC INSTITUTION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_79_6.md)
- [SSR 79-8 SSR 79-8: Rescinded 1986](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_79_8.md)
- [SSR 79-16 SSR 79-16: Rescinded 1986](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_79_16.md)
- [SSR 79-25 SSR 79-25: Rescinded 1982](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_79_25.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_75_32. Check the current official text before relying on it. Not legal advice.