What is Deeming and How will it Affect my Child's SSI Benefits?

Supplemental Security Income (SSI) differs from Social Security Disability Insurance (SSDI) in that it the income of the beneficiary affects the amount of SSI a beneficiary can receive.

What is deeming?

Deeming is the process by which social security attributes a portion of the parent’s income and resources available to the child that is eligible for SSI benefits.  It is based on the idea that people who live together and are responsible for each other share income and resources.  Social Security deems resources regardless of whether money is actually provided to the person eligible for benefits.  Deeming applies when a child is under the age of 18 and the parent or parents are working. 

Some Examples of income or resources Social Security does not count for deeming include:

• the first $20 of most income received in a month;
• the first $65 of earnings and one–half of earnings over $65 received in a month;
• the value of food stamps
• income tax refunds;
• home energy assistance;
• assistance based on need funded by a State or local government;
• small amounts of income received irregularly or infrequently;
• interest or dividends earned on countable resources or resources excluded under other Federal laws;
• grants, scholarships, fellowships or gifts used for tuition and educational expenses;
• food or shelter based on need provided by nonprofit agencies;

For more information about excluded resources, contact Social Security.

How will deeming affect your Child’s SSI Benefits?

The greatest affect that deeming can have on a child’s SSI benefits is that a disabled child can be eligible for SSI benefits medically, but be unable to get them because of the parent’s resources that are attributed to the child though deeming.

Do you need a lawyer?

You should contact legal counsel if you believe income or resources have been counted for purposes of deeming that are incorrect.  The list provided above is just a sample of income or resources that is excluded.  Remember that you have the right to appeal decisions made by Social Security.  Deeming is one of those areas of Social Security law where mistakes are often made.  You will need an attorney who is experienced in handling cases before Social Security or other disability issues.