List the SSI spouse tests for a member-of-a-couple question
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the spouse tests in 20 C.F.R. § 416.1806 against the facts the lawyer supplies, and leave the conclusion blank. Do not write the advice.
- What the lawyer must review
- 20 C.F.R. § 416.1806 treats someone as your spouse, and treats you as married, for SSI if one of three tests is met. You are legally married under the laws of the State where your permanent home and that person's permanent home is, or was when you lived together. Or the Social Security Administration has decided that either of you is entitled to husband's or wife's Social Security insurance benefits as the spouse of the other, and that decision does not affect SSI benefits for any month before the decision. Or you and an unrelated person of the opposite sex live together in the same household at or after the time you apply for SSI, and you both lead people to believe that you are husband and wife. If more than one person would qualify, the person you are presently living with is your spouse for SSI. The opened page carries one Federal Register line, 60 FR 16376, 30 March 1995. You confirm the text in force before you use the third test. This is title XVI. It is not a title II wife, husband, widow, or widower decision. Section 404.345 looks to the law of the State where the insured had a permanent home when you applied for wife's or husband's benefits, or, for a widow or widower, when the insured died. If that home was not in one of the 50 States, Puerto Rico, the Virgin Islands, Guam, or American Samoa, the Administration looks to the District of Columbia. The relationship is met if you were validly married under State law at the application, or at the death if you claim widow's, widower's, mother's, or father's benefits, or if under State law you could inherit a wife's, husband's, widow's, or widower's share of the insured's personal property if the insured died without a will. Permanent home is defined in § 404.303, which was not opened. You write the advice. The tool writes none of it.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Obtain and inspect the relevant current official register or search result. Confirm identities, interests and the date and scope of the search.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.