Supplemental Security IncomeTermination of Benefits Due to Excess Resources

In accordance with 20 CFR 422.406(b)(1), the Commissioner of Social Security gives notice of Social Security Ruling 95-4c. This Ruling is based on a decision by the U.S. Court of Appeals for the Third Circuit in Chalmers v. Shalala, 23 F.3d 752 (3rd Cir. 1994), which upheld the Secretary's decision and found that the claimant's equitable interest in real property was a countable resource as set out in the Social Security regulations. Despite her mental impairment, the Court of Appeals found that the claimant had the power to liquidate her equitable interest and apply the proceeds toward her support. Consequently, because her equitable interest in the real property was valued above the resources limit set by the supplemental security income program, the claimant's benefits were properly terminated.