The Commissioner of Social Security has statutory authority to prescribe the period(s)
within which, and the manner in which, to dispose of various kinds of property. Regulations
describe the conditions under which we can make SSI payments while an individual attempts
to dispose of property. Such payments are overpayments to be repaid from the proceeds
of the sale. Conditional benefits provisions may apply to:
recipients (postentitlement cases), and
deemors (in both new and postentitlement situations).
However, when the excess resources are in the form of real property which cannot be
sold for certain specified reasons (undue hardship or unsuccessful reasonable efforts
to sell), the owner can receive regular (not conditional) benefits.