What the Elizabeth Warren letter is about

In 2021, Senator Elizabeth Warren sent a letter to the Social Security Administration raising concerns about how the agency handles cases where someone receives both Social Security and Supplemental Security Income (SSI). The letter focused on a practice called "deeming," which counts income or resources from family members when deciding if someone is poor enough to receive SSI benefits. Warren argued that deeming rules were too strict and prevented people from getting help they needed.

The letter became notable because it highlighted a real problem many families face: Social Security's rules about whose money counts toward your benefit amount. If you are receiving SSI — the needs-based program for people over 65, blind, or disabled with very low income — the agency looks at whether your spouse, parent, or child has money. If they do, Social Security may reduce or eliminate your SSI payment, even if that family member's income is not actually available to you.

Key Takeaways

  • Deeming is a Social Security rule that counts a family member's income toward your SSI benefit amount, even if you cannot actually use that money.
  • Warren's letter argued that deeming rules are too harsh and prevent vulnerable people from receiving the SSI support they need.
  • Deeming applies differently depending on your age, your relationship to the family member, and whether you live with them.
  • If deeming affects your case, you can request a hearing before an administrative law judge to challenge Social Security's decision.
  • Changes to deeming rules would require action by Congress, not just by the Social Security Administration.

How deeming works in practice

When you apply for SSI, Social Security looks at your own income and resources. But the agency also looks at income from people living with you or legally responsible for you. This is called "deeming." The amount deemed depends on your relationship to that person and your household situation.

For example, if you are under 18 and your parent receives a salary, Social Security counts part of that parent's income as if it were yours when deciding your SSI amount. If you are married and your spouse works, Social Security counts part of the spouse's income the same way. The exact percentage varies by situation, but the result is the same: your SSI check gets smaller or disappears entirely, even though you do not actually receive that family member's paycheck.

Deeming stops at certain points. If you turn 18, deeming from your parents ends. If you get married, deeming from your spouse ends after the first year. But while deeming applies, it can make SSI unavailable to people who live in households with working family members — even if the household is struggling financially.

Why Warren raised concerns about deeming

Warren's letter pointed out that deeming can trap families in a difficult position. A parent might earn just enough that Social Security deems part of that income to a disabled adult child, wiping out the child's SSI. But the parent's paycheck goes to household expenses — rent, utilities, food — not to the child. The child ends up with no SSI and no access to the parent's income, leaving the family worse off than if the parent earned less.

The letter also noted that deeming rules have not changed significantly since the 1980s, even though the cost of living and family structures have changed. Warren argued that the rules should be updated to reflect modern reality and to allow more people to receive the support they need.

This concern is shared by disability advocates and social workers who see families navigate these rules every day. However, changing deeming would be expensive — it would increase the number of people receiving SSI and the total amount paid out. That is why changes would require Congress to pass new legislation, not just a decision by Social Security leadership.

What has changed since the letter

As of now, deeming rules remain largely the same as they were when Warren sent her letter. Social Security has not made broad changes to how it counts family income. However, the letter did bring attention to the issue and contributed to ongoing conversations among lawmakers, advocates, and the agency about whether the rules need updating.

Some narrower changes have happened. For example, Social Security made adjustments to how it treats certain types of income, like child support or foster care payments, in specific situations. But the core deeming structure — counting a family member's income toward your SSI benefit — is still in place.

How deeming affects different family situations

Deeming rules are not the same for everyone. The rules depend on your age, your relationship to the person whose income is being counted, and whether you live together. Understanding which rule applies to you requires looking at your specific situation.

If you are under 18, Social Security deems income from your parents or stepparents. If you are 18 or older and married, Social Security deems income from your spouse. If you are 18 or older and not married, deeming from parents stops. If you live with someone who is not a family member, their income is not deemed at all — only family members' income counts.

The amount deemed also varies. For a parent's income, Social Security uses a formula that excludes a certain amount of earnings before deeming the rest. For a spouse's income, the formula is different. These formulas change each year based on inflation, so the exact dollar amounts shift annually.

What you can do if deeming affects your benefits

If you believe Social Security has incorrectly applied deeming rules to your case, you have the right to challenge the decision. Start by asking Social Security to explain how they calculated the deemed amount. Request a detailed breakdown showing which income they counted and how they applied the formula.

If you disagree with their explanation, you can request reconsideration. Social Security will review the case again. If you still disagree, you can request a hearing before an administrative law judge. At the hearing, you can present evidence about your family's actual financial situation and argue that Social Security's calculation was wrong.

You do not need a lawyer to request reconsideration or a hearing, but having one can help. Legal aid organizations in your state may offer free representation if you cannot afford a lawyer. You can find legal aid through the Legal Services Corporation website or by calling 211.

The difference between SSI and Social Security retirement benefits

It is important to understand that deeming applies to SSI, not to regular Social Security retirement or disability benefits. If you receive Social Security Disability Insurance (SSDI) or retirement benefits, deeming does not reduce your payment based on family members' income. Those programs are based on your own work history, not on financial need.

Deeming only affects SSI, which is the needs-based program for people with very low income. SSI is separate from Social Security and has stricter rules about income and resources. If you are receiving both SSI and SSDI, deeming applies only to the SSI portion of your benefits.

Frequently Asked Questions

Does deeming apply if a family member lives in a different house?

Deeming can apply even if the family member does not live with you, depending on the relationship. For example, if your parent lives elsewhere but is legally responsible for supporting you, Social Security may still deem their income. However, if you live independently and have no legal support obligation, deeming typically does not apply.

Can I reduce the deemed amount by having the family member give me money?

No. Social Security counts the family member's income, not what they actually give you. Even if a parent earns $5,000 per month but gives you only $100, Social Security deems based on the full $5,000. Trying to hide or redirect income can result in overpayment and repayment demands.

What happens to deeming when I turn 18?

If you are receiving SSI based on deeming from your parents, deeming stops when you turn 18. At that point, Social Security recalculates your benefit based only on your own income and resources. You may see an increase in your SSI payment, or you may become ineligible if your own income is too high.

Has Congress passed any bills to change deeming rules?

Several bills have been introduced to modify or eliminate deeming, but as of now, none have become law. Warren and other lawmakers have supported these efforts, but changing deeming requires passing legislation through both chambers of Congress and getting the President's signature.

Where can I learn more about how deeming applies to my specific situation?

Contact your local Social Security office and ask for a detailed explanation of how deeming is being applied to your case. You can also call the Social Security helpline at 1-800-772-1213. If you need help understanding the rules, a legal aid organization can review your case for free.