Update on Domestic Violence Survivors and Homestead Exemptions

Recent Social Security Administration Policy Revisions

October 1, 2006

Author: Amy Schwartz| Catherine M. Callery (Kate)

In response to advocacy by Empire Justice Center on behalf of domestic violence survivors who were facing complicated bureaucratic hurdles when they were forced to flee their homes to escape abuse, the Social Security Administration (SSA) recently revised several sections of its policy directives (Program Operating Manual or POMS).

In 2005, SSA issued an Administrative Message (AM) reminding claims representatives to use particular care and sensitivity when requesting evidence from individuals who are fleeing from a domestic abuse situation.  (For a detailed analysis of this AM, see the August 2006 Legal Services Journal article, SSA Issues Administrative Message Addressing Homesteads Owned by Victims of Domestic Violence Who Have Fled Their Abusers by Kate Callery, Louise Tarantino and Amy Schwartz available at: /issue-areas/domestic-violence/housing--domestic-violence/ssa-issues-administrative.html).  AM-0521 is available in the Online Resource Center in the DAP Numbers database as DAP #419. 

In its response to these issues, the SSA promised to make changes both to its policies, as well as its regulations.  Although the regulations have not yet been released, the revised POMS sections were issued in March 2006, and provide numerous important protections for domestic violence survivors who co-own homes with their batterers and are unable or afraid to obtain the required statements or documents of ownership for SSI (Supplemental Security Income) eligibility determinations.  These provisions should help ensure that in many situations, domestic violence survivors will be able to apply for and obtain SSI benefits if they are disabled and otherwise eligible - even if they are technically owners of a home in which they are not residing.  The additions to these include: 

Sections SI 00601.100 (Information/Evidence-General):  Notes that domestic violence survivors may require additional assistance in obtaining information or evidence due to the specific circumstances of their situations, especially where the individual fled her abuser but maintains income or resources together with the abuser.   Suggests the caseworker refer to RM 00205.058C.1 for additional information in cases where a new Social Security Number has been assigned to a fleeing spouse.

SI 01110.510 (Sole vs. Shared Ownership):  In an illustrative example, the policy advises SSI caseworkers how to proceed in instances where a domestic violence survivor is in shelter and her abuser refuses to grant permission to sell the marital residence in order to qualify her for SSI.  The example notes that the residence should be excluded from resource counting.

SI 01130.100 (The Home):  This POMS section discusses domestic violence dynamics as they relate to intent to return to the home.  It notes that statements that may seem “self-contradictory” may actually be based upon “fear or other emotional trauma,” and instructs caseworkers to fully investigate these issues.  Again reminds caseworkers that where domestic violence is present, the home should be excluded as a resource. Where the survivor expressly states that she no longer has any intention of returning to the home, the home becomes a countable resource as of the first moment of the subsequent month if no other exclusions apply.

Further, where the abuser is the representative payee, the policy directs the caseworker not to attempt to obtain the “intent” statements from the abuser-payee.  Rather, Section D.3 recommends that the caseworker initiate development of a new successor payee, and obtain the “intent” statement from the successor payor and/or a person highly familiar with the circumstances and the survivor’s intentions.  If the individual's statement of intent is self-contradictory, the policy recommends the caseworker contact someone who knows the situation, such as a physician, domestic violence shelter worker, family member, or close friend or relative, to help clarify the survivor’s position. 

SI 01130.130 (Real Property Whose Sale Would Cause Undue Hardship, Due to Loss of Housing, to a Co-Owner): Notes that in cases involving domestic violence, SSA will accept a Report of Contact (SSA-5002), in lieu of a signed statement, documenting the co-owner’s allegation of undue hardship if the co-owner is uncooperative or unresponsive to the request for a signed statement.  The POMS section also outlines procedures that should be followed where the co-owner continues to be uncooperative or unresponsive to requests for evidence of undue hardship. 

SSA also promised to seek regulatory changes clearly providing for the “exclusion of a jointly-owned home for an individual who is fleeing a domestic violence environment.” 

If you have any questions regarding these new policies or regarding eligibility of domestic violence survivors with disabilities who own a home, please contact DAP State Support Coordinators Kate Callery and Louise Tarantino at kcallery@empirejustice.org and ltarantino@empirejustice.org.  And…please keep us informed of how this is working – or not working – for domestic violence survivors in your community.