Doe, In re

(HHS, SSA Office of Hearings & App. June 9, 1995) ; Clearinghouse Number: 50734

Description

SSI Recipient Who Lived in Her Own House Rent-Free Following Foreclosure Did Not Receive In-Kind Support and Maintenance

Abstract

The administrative law judge (ALJ) has held that SSI claimant who continued to reside in her home after it was sold did not receive in-kind support and maintenance. Claimant had been found disabled as of October 1992. She could not meet her mortgage payments, and, in December 1992, her residence was purchased by HUD at a sheriff’s auction. However, claimant was not served with an eviction notice until August 1993 and continued to live in her home until that time. When the Social Security Administration (SSA) determined claimant’s financial eligibility for SSI, it found that she had received $164 per month in in-kind support and maintenance from January through August 1993 because she had lived rent-free in another’s household. On appeal, claimant argued that, until she was served with a writ of possession and evicted, she was residing in her own household. The ALJ agreed. The ALJ found that until she received notice of eviction, claimant was residing in a home in which she had an ownership interest. Accordingly, the ALJ held that claimant should not have been charged with $164 per month in in-kind support and maintenance and directed SSA to pay claimant retroactive benefits.

Additional Information

Attorney Information
Claimant represented by Nancy Goodwin (paralegal), Acadiana Legal Service Corporation, 1020 Surrey St., P.O. Box 4823, Lafayette, LA 70502-4823, (318) 237-4320.
Docket Date
1995-06-09 00:00:00+00:00