Effective 10/01/88, new spouse-to-spouse implemented nationally. This new policy was
in response to the Livermore v. Heckler and Bouchard v. Secretary court decisions.
SI 01320.430 explains the new policy in determining eligibility and payment in spouse-to-spouse
Prior to 10/01/88, the optional State supplement (OSS) payment in Massachusetts was
determined in accordance with the Bouchard v. Secretary court order. Bouchard requires
that FOs use the couple's rate to compute the OSS payment in SSI claims filed on or
after April 2, 1984, and to recalculate the amount of State payment (and eligibility)
in other cases brought to SSA's attention. FOs must calculate or recalculate OSS payments
for any individual who, at any time on or after January 18, 1977, and before October
either applied for or received SSI benefits,
was a resident of Massachusetts,
was categorically eligible,
had an ineligible spouse,
had individual countable income less than the combined Federal benefit and Massachusetts
OSS payment for an individual, and
with his or her ineligible spouse had countable income which was more than the couple's
Federal benefit rate but less than the combined Federal benefit rate and Massachusetts
OSS payment rate for an eligible couple.
The court also ordered that SSA “compare 'the excess countable income' of an eligible applicant to whom spousal income
has been deemed with the State SPL for an eligible couple”.