Kelley v. Commissioner of Social Security

OPINION OF THE COURT

ELLIS, Senior District Judge.

This social security appeal presents the novel question whether the proceeds of the sale of a marital home — placed in escrow by divorcing parties — are a countable resource for purposes of assessing eligibility to receive Supplemental Security Income (“SSI”) benefits. The Commissioner of Social Security denied Marguerite Kelley’s application for SSI benefits on the ground that these proceeds were a countable resource rendering her ineligible for SSI benefits. The District Court upheld this decision. We agree and affirm.

I

Marguerite Kelley…