Richard Hoff v. Carolyn Colvin

MEMORANDUM

Richard Hoff appeals from the judgment of the district court, which affirmed the Social Security Administration’s (“SSA”) reduction of his supplemental security income (“SSI”) benefits. An administrative law judge (“ALJ”) concluded that because Hoff failed to pay his pro rata share of the total monthly household operating expenses, he received in-kind support and maintenance, triggering a reduction in SSI benefits. See 20 C.F.R. §§ 416.1130 , 416.1133(a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Hoff argues that although he did not pay for his half of the household expenses in cash, he still met his pro rata share by contributing goods (such as firewood) and services (such as repairing the roof). The ALJ properly rejected Hoffs argument. Household operating expenses are defined as “the household’s total monthly expendi tures for food, rent, mortgage, property-taxes, heating fuel, gas, electricity, water, sewerage, and garbage collection service.” 20 C.F.R. § 416.1133 (c). The SSA’s Program Operations Manual System (“POMS”) provides: “An individual’s contribution equals the average amount of cash he/she spends on household operating expenses.”…