Rule 23-104-7.2 - Title II, Retirement, Survivors and Disability Insurance (RSDI) PaymentsA. This type of income is defined as follows: 1. Retirement, Survivors and Disability Insurance are monthly Social Security benefits which are counted as unearned income.a) Special age 72 benefits, also known as Prouty benefits, are also counted as unearned income.B. This type of income is treated as follows:1. Title II benefits are counted as unearned income, considering the following: a) The amount of premiums deducted from RSDI for the optional Supplemental Medical Insurance (SMI) premium under Medicare are counted as unearned income.b) The amounts deducted for Medicare Part D are countable unearned income.c) SMI/Medicare Part D premiums that are refunded to the individual are not counted.d) A Title II benefit is reduced dollar for dollar in the amount of any monthly Workers' Compensation paid. 1) If a monthly benefit payment has been reduced because of a Workers' Compensation offset, the net amount of the benefit received (plus any SMI, Medicare Part D premium withheld) is unearned income.e) Overpayments recovered from SSA benefits are included unless the overpayment occurred when the person was receiving SSI and the overpaid amount was included in at that time. In this instance, the amount deducted for an overpayment is not included in calculating countable Title II income.f) Refund of recovered monies based on a waiver approval is not income if the money was previously withheld to recover a Title II overpayment, both SSI and Title II benefits were received at the time of the overpayment and the overpaid amount was included in figuring the SSI payment at that time.g) If a monthly Title II benefit payment has been reduced because of a garnishment, the gross amount of the benefit received (plus any SMI premium withheld) is counted as unearned income.23 Miss. Code. R. 104-7.2
Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).