[CO] [CO] How do I appeal an SSI living expenses deduction?

Lexi, Chatbot

I'm sorry to hear about the deduction from your SSI disability payment. When did you apply for the additional assistance related to food and living costs?

Lexi, Chatbot

Have you tried reaching out to the Social Security Administration to inquire about the status of your application?

Lexi, Chatbot

 Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your SSI disability deduction.

Queeneth E. Esq

Hello. My name is Queeneth. I am an attorney with over 8 years of legal experience.I will do my best to assist you today, First I need to ask you a few question to give you the best answer.(Kindly note that our conversation does not establish attorney- client relationship.)

Queeneth E. Esq

What state are you located in?

Queeneth E. Esq

Thank you for the feedback. Please allow me some time to prepare a response. I will get back to you shortly.

Queeneth E. Esq

Thank you for your patience.It sounds like the Social Security Administration (SSA) is reducing your SSI (Supplemental Security Income) based on what’s called the In-Kind Support and Maintenance (ISM) rule. In Colorado (and all states except a few), the federal SSI maximum for a single person is $943/month in 2025. You're receiving $644.67, which is roughly $298.33 less.

That usually means SSA applied a "VTR deduction" — about 1/3 reduction, based on their belief that you get free food or shelter (e.g., live with someone without paying fair share of rent or food).

This rule is part of In-Kind Support and Maintenance (ISM). SSA assumes that if someone (like your mom) is giving you free or reduced-cost rent, food, or utilities, it counts as "unearned support", and they reduce your SSI by up to 1/3. Even if your mom is low-income or doesn’t charge you full rent, SSA still may apply the deduction unless you show you pay your fair share.

Submit a Statement of Living Arrangements (SSA-8006 or SSA-8011). Ask SSA to re-evaluate your living situation. You may need to complete SSA-8006-F4 – Statement of Living Arrangements and SSA-8011-F3 – Statement about Food and Shelter. You can get these from your local SSA office or online here (SSA forms).

These forms let you explain whether you pay rent, if you contribute to food/utilities, and whether your mom provides support, and how much.

Queeneth E. Esq

To stop the reduction, you need to show you pay your proportional share of rent, utilities, and food (even if it’s low) and you have proof like a written rental agreement, Venmo/PayPal payments, or receipts from your mom.

Since you already contacted SSA in early April, you can now submit a written request for reconsideration of the SSI decision. Use Form SSA-561-U2 (Request for Reconsideration).

Call 1-800-772-1213 (national number) or find your local office. Explain that your payment was reduced unfairly and that you submitted an update or need to do so.

Is there anything else you would like me to explain or any additional information you need? Feel free to ask.

Queeneth E. Esq

I am still here. working on your follow up questions.

Queeneth E. Esq

You're right to feel frustrated.

The way the SSA handles appeals, especially for people living on very limited income like SSI, often feels deeply unfair. You've taken the right steps by filing your appeal on time, and you're correct: they should be held to deadlines too, but unfortunately, the law doesn’t treat their delay the same way it treats yours.

Because you don’t pay rent (the $1,311) or contribute to food, SSA assumes you’re receiving free housing or food, and applies the 1/3 VTR deduction (about $298). But you pay $197.50/month in necessary household costs and that should be counted in your favor as a contribution toward your support.

You need to document and show that your total contribution to the household is reasonably close to your fair share, which is how you beat the VTR deduction. Household total monthly costs (estimate):Rent: $1,311Internet: $105Electric: $30Phones: $125 (combined)Total: $1,571Your share (if evenly split with mom):$1,571 ÷ 2 = $785.50Your actual contribution: $105 (internet) + $30 (electric) + $62.50 x 2 (phones) = $260/month.

That’s not the full $785.50, but it’s a real, documented contribution, and SSA should consider it to reduce or cancel the deduction, especially if you can clarify why you don’t pay rent (e.g., you support utilities and communication costs instead, as agreed with your mom).

Send a follow-up letter referencing your 4/9/25 appeal, and request a reconsideration hearing or written decision, with the new evidence.Include: Copies of utility bills showing your name or paymentsA statement from your mom saying she accepts your help with bills instead of rentA simple breakdown of your contributionsEven a simple written agreement with your mom saying you pay $260/month toward household costs as your fair share can help.

If it’s been more than 60 days since you appealed and you've received no written decision, you may write to your Congressperson to request help (SSA often responds faster when Congress calls) or request a formal hearing before an administrative law judge (next level of appeal). Anything else you would like me to explain or any additional information you need? Feel free to ask.

Queeneth E. Esq

You’re welcome.I'm happy to have assisted you today.