SSR 76-42: Rescinded 1985

20 CFR 416.1003(c), 416.1005(a)(1), 416.1007, 416.1035, and

416.1185(a)

SR 76-42

The claimant lives in the same household with a person of the opposite sex

and they are known throughout the community in which they live as man and

wife. The claimant contends she is not in a husband-wife relationship with

the person with whom she has been living because she is still legally

married to another man. Held , the claimant is determined to be in a

marital relationship for Supplemental Security Income purposes as defined

by Section 1614(d)(2) of the Social Security Act, as amended.

The claimant stated that she has lived with W since 1945 following a

separation from her lawful husband. "I began living with W and have lived

with him since then (1945)—although we have never been married. W

and I have four children; two of them still live at home with us. He lists

me as his wife on his income tax returns, we have a joint checking account

and our car is in both our names."

A copy of W's wage and tax statement discloses that he earned $15,501.95

in 1974. In addition, a receipt of rent disclosed that the lessor of the

claimant's premises referred to the claimant and W as Mrs. and Mrs. W.

On July 10, 1975, the claimant responded to a series of five questions

propounded by the Social Security Administration in order to determine the

claimant's living arrangements and marital status. In this document the

claimant stated that ". . . sometimes we call ourselves Mr. and Mrs. but

mostly we introduce ourselves by first names." When asked how the mail is

addressed to the claimant and W, the claimant responded ". . .sometimes

it's addressed to Mr. and Mrs. W."

20 C.F.R. 416.1003(c) states that a man and a woman are 'holding

themselves out as husband and wife' if they represent themselves as

husband and wife (or as married to each other) to relatives, friends,

neighbors or tradespeople with whom they do business.

hen asked how the mail is

addressed to the claimant and W, the claimant responded ". . .sometimes

it's addressed to Mr. and Mrs. W."

20 C.F.R. 416.1003(c) states that a man and a woman are 'holding

themselves out as husband and wife' if they represent themselves as

husband and wife (or as married to each other) to relatives, friends,

neighbors or tradespeople with whom they do business.

20 C.F.R. 416.1005(a)(1) defines a marital relationship for supplemental

security income purposes to include individuals that are living together

in the same household, and holding themselves out to the community in

which they reside as husband and wife.

20 C.F.R. 416.1007 states that if a man and woman are living together in

the same household, and holding themselves out to the community in which

they reside as husband and wife, they shall be considered husband and wife

for the purpose of Title XVI of the Act. Where a man and woman living

together in the same household allege as in this case that they are not

husband and wife and that they are not holding themselves out as such to

the community in which they reside, then they must establish such in

accordance with 20 C.F.R. 416.1035(b).

The evidence is clear that under title XVI of the Social Security Act as

amended a marital relationship between claimant and W has been

established. The information supplied pursuant to the requirements of 20

C.F.R. 416.1035(b) discloses the claimant lives in the same household with

the ineligible individual and they hold themselves out to the community in

which they reside as husband and wife. The mail is often addressed to Mr.

and Mrs. W and he includes the claimant as a dependent wife on his tax

returns. In addition, the parties hold themselves out to the community as

husband and wife when being introduced to other people.

laimant lives in the same household with

the ineligible individual and they hold themselves out to the community in

which they reside as husband and wife. The mail is often addressed to Mr.

and Mrs. W and he includes the claimant as a dependent wife on his tax

returns. In addition, the parties hold themselves out to the community as

husband and wife when being introduced to other people.

As a result of the claimant's relationship with W, W's income is deemed to

be income to the claimant as required by Regulations No. 16, section

416.1185(a). It is therefore held that the claimant is not entitled to

Supplemental Security Income benefits because of excess income.