Effective 10/1/90, couple computation rules apply to two individuals for a month, if, as of the first moment of that month:

1. a. 

   each is eligible for benefits;

2. b. 

   they are married to each other (see SI 00501.150B.); and

3. c. 

   they live in the same household as defined in SI 00501.154B.

The instructions in SI 00501.154A.2.a. through SI 00501.154A2.c. apply to applications filed prior to August 22, 1996. See SI 00501.155 for applications filed on or after August 22, 1996.

Explain the following payment considerations to the members of a couple, if appropriate:

• •

  If one member of a couple could receive a higher payment as an individual with an ineligible spouse than both would receive as a couple, they have that filing option.

• •

  For applications filed prior to August 22, 1996, if members of a couple separate after filing, it may be advantageous for one of them to select a later effective filing date.

  CAUTION: For applications filed on or after August 22, 1996 a person may not choose an effective filing date. See SI 00601.009.

• •

  Where title II offset is involved, it may be advantageous for one member of a couple (or an eligible individual with an ineligible spouse who becomes eligible), to withdraw their SSI application because of the offsetting. The FO should determine whether withdrawal is to be exercised before any payment is effectuated. Follow withdrawal instructions in SI 00601.050.

In each of the situations in SI 00501.154C.1., be sure to explain the Medicaid eligibility implications of any of the actions taken. See SI 01730.005 ff.

Document the couple's decision, if SI 00501.154C.1. or SI 00501.154C.2. applies, with a statement from each (or both), showing they understand the consequences of their decision.

As of May 5, Mary Elliot is an eligible individual. John, their spouse is their ineligible spouse and deeming applies.

The couple started living apart on May 15, and John applies for SSI on May 25. John receives an employee pension in addition to a small VA pension.

Since the couple are not living together on May 25 (the later effective filing date) couple computation rules do not apply for May.

One of the following situations may apply:

If John would be eligible as an individual without a spouse, both John and Mary will be considered individuals without a spouse for May; or

If John would not be eligible as an individual without a spouse (for reasons other than deeming), Mary's status remains the same for May; i.e., John is Mary's ineligible spouse and deeming applies. It is more likely that John would not be eligible for May since they have other income. Therefore, the deeming situation applies.

We cannot treat Mary as an eligible individual without a spouse for May unless John is also eligible.

However, beginning June 1, Mary will be an eligible individual without a spouse regardless of John's situation (since they are separated).

Rick and Sally Daniels are both over age 65. Sally files for SSI on June 6. Sally says Rick is ill, but will come in to file a claim also. Rick files on June 14. On June 20, Sally notifies the teleservice center that Rick moved out that day.

Couple computation rules apply for June since as of the later effective filing date, i.e., June 14, couple criteria are met.

The CR explains to Sally that because of Rick's income Sally will receive a small SSI check for June. Sally complains that it is unfair to them that they are penalized because of Rick's income since the couple is separated.

The CR tells Sally that if Rick changes their filing date to a date after June 20, they both can be treated as individuals without a spouse for June, and Sally will get a higher SSI payment.

Joe and Jill Dunn are an eligible couple. In July, Joe receives the first of what they believe will be a series of insurance payments. Since the amount makes both Joe and Jill ineligible if couple computation rules are used, the criteria for using couple computation rules are not met.

Because of certain deeming allocations, an individual computation with Joe as Jill's ineligible spouse could permit eligibility for Jill.

Joe and Jill begin living apart on August 5, when Joe finds out that the July insurance payment will be the last. They request reinstatement on August 6.

Since Joe and Jill were not living together as of the date of Joe's request, individual rather than couple computation rules apply for August.

Since both Joe and Jill would be eligible as individuals without a spouse for August, each will be treated that way.

Had Joe been ineligible for August (e.g., because of resources), their income and resources would have been deemed available to Jill for August, and Jill would not have become an individual without a spouse until September.

Had Joe delayed requesting reinstatement until September, couple computation rules would have applied for August because the criteria in A.1. above were met as of the first moment of August and no request for reinstatement was filed in August.

Leo and Martha Carroll are an eligible couple. On May 3, 1990, they began living apart. On August 20, 1990, they notified the field office of the separation.

The couple will be considered as two individuals beginning 10/1/90, the date the law eliminated the 6-month waiting period for eligible couples who separate.

Maggie Trello has been receiving Social Security disability benefits since February 1989; as of 1/91 their benefit is $300 per month.

Mark and Maggie Trello filed for SSI as a couple on February 1, 1991.

Maggie's SSI claim was approved effective February 1, 1991. Mark was found not disabled (for both title II and title XVI).

Mark's claim was reversed on appeal in November 1991. Mark was found to be disabled for title II and title XVI as of February 1, 1991.

The case is a title II offset situation. Mark is due a retroactive SSI payment of $2,030 ($3,300 is due the Trello's as a couple for 2/91 through 11 /91 less $1,270 already paid to Maggie as an eligible individual).

Mark is also due $4,500 in retroactive title II benefits ($450 x 10 months) which will be offset by the $3,300 SSI benefits paid, leaving a title II retroactive amount of $1,200 after offset.

Mark will receive a total amount of $3,230 in SSI and title II benefits; whereas if Mark withdraws their own SSI claim, Mark can receive $4,500 in title II benefits. There is no continuing SSI eligibility because of the couple's title II income.

In the absence of other considerations such as Medicaid, it will be to Mark's advantage to withdraw their own SSI application.