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Old 09-30-2009, 09:32 AM   #1
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Question "Disabled Adult Child's Benefits"?

Hi

I have been on S.S.I. for much of my life. Today I received a letter from my local office telling me that I had an appointment with them to fill out an application to determine my eligibility to receive "Disabled Adult Child's Benefits" from my parent's record. This will be a telephone interview. Can anyone please tell me what to expect, what kinds of questions they might ask and where all of this is leading to?.

Thank you so much!
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Old 09-30-2009, 02:27 PM   #2
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Re: "Disabled Adult Child's Benefits"?

I just want to say that I am truly disabled and that I am not a lazy government freebie leech who sits around drinking beer and watching cable TV all day (I don't have TV at all or even a car). I would LOVE to be able to work and be a normal person but unfortunately that is not possible.

Sorry, I just thought that maybe people might be put off from responding thinking that I was a freeloader or something.

Thanks for any input on this!
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Old 09-30-2009, 06:40 PM   #3
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Re: "Disabled Adult Child's Benefits"?

Sorry, I'm not sure - but I'm guessing they'd ask about your condition(s), medications, living situation, resources, etc.
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Old 09-30-2009, 10:00 PM   #4
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Re: "Disabled Adult Child's Benefits"?

Not sure what the quesions will be, but here's my situation. My son was on SSI. I applied for SSDI, and told them that I had a 22 year old son that would also be getting benefits if I was approved. I was approved for SSDI. He filled out another application to get on Disabled Adult Child Benefits. Basically even though he was already receiving SSI, he had to re-apply to qualify for the DAC. Just have all your medical records showing you are still disabled. The same medical stuff that qualified you for SSI will qualify you for DAC now that your parent is receiving SSDI.

What to expect - whatever you get in backpay will be used to re-pay the SSI, you can't collect double payments for the past months. Your DAC amount of monthly benefits depends on how much SSDI your parent draws. You should get half the amount of your parent's benefit (not half of theirs, they still get the same amount.) If there are multiple children getting benefits, they will split that half. Also, you will be changed to Medicare instead of Medicaid.

If your DAC amount isn't the minimum required (think that is $674 this year), it will be supplemented with SSI to bring it up to $674, and you could keep Medicaid.

SSI is welfare provided for basics to poor people. It's a gift, to be used for food, clothing, shelter/rent. One is not allowed to get money as gifts, for anyone to buy them food, or pay for their housing. If they do, SS takes away part of the SSI, since someone else "gave" them money for the basics (or gave them the basics), and the person didn't need the SSI that month.

SSDI/DAC comes from worker insurance. It's an insurance payout. There are no restrictions on how it is spent, nor any restrictions on how much one owns, nor on what someone else can give to you, or buy for you.

If you have a representative payee, they have to report each year on how the money was spent, to make sure it was spent on meeting the needs of the recipient.

Last edited by roses4lace; 10-01-2009 at 06:14 PM. Reason: change "child" to "22 year old son"

 
Old 09-30-2009, 10:28 PM   #5
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Re: "Disabled Adult Child's Benefits"?

I am unfamiliar with what you are asking, but wanted to respond. I hope that all here may feel the same as I do about one seeking info on disability. I see the people on this board to be sincere and I hope you will feel that you are viewed in that light. I feel that one has enough to worry about dealing with the government red tape without having to worry about how one may be accepted here. I hope you feel free to ask any questions, we all have been in your shoes when it comes to the paperwork. No apology or explanation necessary. I hope someone familiar with your situation can alleviate some worry for you. Take care.

 
Old 10-01-2009, 04:49 PM   #6
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Re: "Disabled Adult Child's Benefits"?

I just wanted to say thanks to all of you for answering my questions in detail, putting my mind at ease and making me feel welcome and unafraid to ask questions here. I really do appreciate it!!.
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Old 10-02-2009, 02:43 AM   #7
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Re: "Disabled Adult Child's Benefits"?

Quote:
Originally Posted by roses4lace View Post
Not sure what the quesions will be, but here's my situation. My son was on SSI. I applied for SSDI, and told them that I had a 22 year old son that would also be getting benefits if I was approved. I was approved for SSDI. He filled out another application to get on Disabled Adult Child Benefits. Basically even though he was already receiving SSI, he had to re-apply to qualify for the DAC. Just have all your medical records showing you are still disabled. The same medical stuff that qualified you for SSI will qualify you for DAC now that your parent is receiving SSDI.

What to expect - whatever you get in backpay will be used to re-pay the SSI, you can't collect double payments for the past months. Your DAC amount of monthly benefits depends on how much SSDI your parent draws. You should get half the amount of your parent's benefit (not half of theirs, they still get the same amount.) If there are multiple children getting benefits, they will split that half. Also, you will be changed to Medicare instead of Medicaid.

If your DAC amount isn't the minimum required (think that is $674 this year), it will be supplemented with SSI to bring it up to $674, and you could keep Medicaid.

SSI is welfare provided for basics to poor people. It's a gift, to be used for food, clothing, shelter/rent. One is not allowed to get money as gifts, for anyone to buy them food, or pay for their housing. If they do, SS takes away part of the SSI, since someone else "gave" them money for the basics (or gave them the basics), and the person didn't need the SSI that month.

SSDI/DAC comes from worker insurance. It's an insurance payout. There are no restrictions on how it is spent, nor any restrictions on how much one owns, nor on what someone else can give to you, or buy for you.

If you have a representative payee, they have to report each year on how the money was spent, to make sure it was spent on meeting the needs of the recipient.
thank you for writing about your experience, and how the system worked for you and your son.
Here is my situation and questions you might be able to answer. My son had been on SSI as a child fpr at least 8 years .
When I became disabeled and placed on SSDI social security dropped my child's SSI and put him on my record to recieve benitfits.
no he is 16yr old right now. At 18yrs old, Should I re apply for him to recieve SSI on his own record ? OR is he going to end up as an adult child , on disabilty? Still entitled on my record?
With what you wrote, it looks like I'll have to appy for both programs on his behalf. Correct?

 
Old 10-02-2009, 09:21 PM   #8
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Re: "Disabled Adult Child's Benefits"?

My understanding is that at age 18, any child with benefits will lose their benefits regardless of source, and have to reapply at that time to get whatever benefits they qualify for as an adult. One comes off of "child" benefits and goes onto "adult" benefits. If applying for DAC, there is a window of time, from the 18th birthday up to the 22nd birthday for them to qualify. Basically, the disability has to be there beween the 18th and 22nd birthday to qualify for DAC.

Before age 18 or after age 22 doesn't matter - DAC requires records between those dates, not outside those dates. That caused us problems, since my son hadn't gone to the doctor during those years because we had been to so many doctors, and given up that anyone would find what was wrong. The new doctor who finally diagnosed him was appalled, he said it was like saying someone was blind when they were 17, blind when they were 23, but not blind while they were 18-22 because there were no medical records to prove it. Duh . . .

It's just numbers to the clerks who do the initial review. "Does the medical or school record show a date during year xx-year xx? No? Deny." There's no logic processing going on. Since I had pulled him out of school to home-school, he didn't even have school records of all the meltdowns and emotional problems for the last couple of years of schooling. The new doctor had to state dates of actual office visits for medical attention, state that this condition was a continuous condition and that during the years xx-xx this patient certainly had this condition, on his birthday on xx-xx-xxxx he certainly had this condition, and as of date xxx, continues to suffer from this condition. Basically, both the claims office and the judge want to see specific dates on all letters and medical reports. They won't accept words such as "has had this since birth, or since 2002, or it's a lifetime condition". They look for a specific date (MM/DD/YYYY) to use as the onset date for calculating benefits.

 
Old 10-04-2009, 03:01 PM   #9
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Red face Re: "Disabled Adult Child's Benefits"?

Hi again

As best I can tell from all of the reading I've done so far, it looks like my application for Disabled Adult Child's Benefits will get sent to the Disability Determination Service. From that point, I either get "approved" or "denied".

I've been on S.S.I. for 27 years (since I was about 20) and have become totally Dependant on it due to my various issues.

What scares the HECK out of me is that this application to get money from my parent's record (which I never asked for and which they are forcing me to file) gets sent to the Disability Determination Service and they suddenly decide that I am no longer eligible to receive S.S.I. and I end up out on the streets, all of my belongings gone and my animals in some shelter...my entire life rubbed out just like that .

I'm still not completely sure how this whole process works but will the Disability Determination Service simply look at the reason I was originally placed on S.S.I. and then automatically approve me for Disabled Adult Child's Benefits -or- will I be forced to see endless government doctors, show up for numerous hearings and have to go through years of agony all over again?. Then again, since S.S.I. is means-tested and I'm as poor as a church mouse, maybe they'll just leave me on it even if I'm not found eligible for Disabled Adult Child's Benefits?.

If I am denied the application for Disabled Adult Child's Benefits
do I automatically lose the S.S.I. payments I've been getting for the last 27 years?.

I also understand that when you apply for Disabled Adult Child's Benefits you are also applying (or re-applying) for S.S.I. so does that mean I will have to go through the whole process again even though I've already been on S.S.I. for 27 years

Thanks so MUCH!!
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Last edited by Steven45; 10-04-2009 at 04:51 PM.

 
Old 10-05-2009, 02:04 AM   #10
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Re: "Disabled Adult Child's Benefits"?

If you still have the same medical issues that got you on SSI, there should not be a problem getting DAC, if you can prove you were disabled during their "window". Unfortunately, I don't think it's an automatic approval. Your medical records will need to show that during the years between 18-22 you were disabled, that's the window for DAC. If you weren't disabled during that window of time, you won't qualify for DAC. Use your Medicaid to see doctors you want to see. Try to see a doctor at least a couple of times a year for your condition so there will always be up to date medical records, that way you won't have to go to one of the SSA doctors, some of whom have a reputation for being totally incompetent.

SSA always wants a person to be drawing SSDI or DAC rather than SSI if they qualify, it's one of their requirements. Now get this. My son was drawing SSI, they made him file on his fathers SSDI, but he was denied. Like 2 months after he was approved for SSI. He didn't have good medical records for the "window", though his condition started in childhood and was a continuing disorder. So he stayed on SSI. Who knows what is going on there. So he appealed, we remembered some more doctors he had seen and got letters written, and when I got SSDI a couple of years later, he had to apply for DAC off my record. Then they tried to MAKE him take his backpay off his dad's record, because he would have gotten a lot less. That took several weeks of my lawyers office fighting with them to resolve. Luckily, my application stated "my disabled son will be drawing off my SSDI record", and magically, that statement got him the backpay for his DAC off my record.

Don't panic if you get a letter saying you have received $25,000 too much SSI, and need to set up a "payment plan" to get it back to them once your DAC is approved. Just keep calling, tell them you have no money to pay it back, and it will finally work itself out through their system.

No, you won't have to pay back the SSI if you somehow get denied (unlikely). You just won't get any DAC backpay, because if you're due any backpay, it will be used to reimburse your last few SSI payments.

I hope you have someone to help you navigate your way through this mine field. It had me so freaked out, my lawyer's office had to handle everything. I don't handle stress very well.

 
Old 10-05-2009, 04:02 PM   #11
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Re: "Disabled Adult Child's Benefits"?

Roses4lace ,
If the parent is also disabled can't the adult disabled child retain benfits? as long as the the adult child is still in school , and living at home . ? OR does the adult child at 18 automatically lose benifits ? Until reapplying for his own SSI ?

 
Old 10-05-2009, 11:55 PM   #12
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Re: "Disabled Adult Child's Benefits"?

I don't know anything about how being a student will affect the process, that didn't play a part in ours. The SSA website addresses what happens when the child turns 18, and talks about rules for getting DAC from a parents SSDI. Note that it is not stated very clearly that "at age 18" is the beginning of the window, and "before they became 22" is the end of the window for DAC:
http://www.ssa.gov/pubs/10026.html


What happens when your child turns age 18

For disability purposes in the SSI program, a child becomes an adult at age 18, and we use different medical and nonmedical rules when deciding if an adult can get SSI disability payments. For example, we do not count the income and resources of family members when deciding whether an adult meets the financial limits for SSI. We count only the adult’s income and resources. We also use the disability rules for adults when deciding whether an adult is disabled.

* If your child is already receiving SSI payments, we must review the child’s medical condition when he or she turns age 18. We usually do this review during the one-year period that begins on your child’s 18th birthday. We will use the adult disability rules to decide whether your 18-year-old is disabled.
* If your child was not eligible for SSI before his or her 18th birthday because you and your spouse had too much income or resources, he or she may become eligible for SSI at age 18.

For more information, ask for Supplemental Security Income (SSI) (Publication No. 05-11000).


Social Security Disability Insurance (SSDI) benefits for adults disabled since childhood

The SSDI program pays benefits to adults who have a disability that began before they became 22 years old. We consider this SSDI benefit as a “child’s” benefit because it is paid on a parent’s Social Security earnings record.
For a disabled adult to become entitled to this “child” benefit, one of his or her parents:

* Must be receiving Social Security retirement or disability benefits; or
* Must have died and have worked long enough under Social Security.

These benefits also are payable to an adult who received dependents benefits on a parent’s Social Security earnings record prior to age 18, if he or she is disabled at age 18. We make the disability decision using the disability rules for adults.


SSDI disabled adult “child” benefits continue as long as the individual remains disabled. Your child does not need to have worked to get these benefits.

How we decide if your “child” is disabled for SSDI benefits

If your child is age 18 or older, we will evaluate his or her disability the same way we would evaluate the disability for any adult. We send the application to the Disability Determination Services in your state that makes the disability decision for us. For detailed information about how we evaluate disability for adults, ask for Disability Benefits (SSA Publication No. 05-10029).

Last edited by roses4lace; 10-05-2009 at 11:58 PM.

 
Old 10-06-2009, 05:15 AM   #13
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Re: "Disabled Adult Child's Benefits"?

roses4lace

You have been so incredibly helpful - thanks a million times over!. Just a quick question though...if I am denied "Disabled Adult Child's Benefits", do I automatically lose my S.S.I.?. Also, if they do cut me off and I end up out the the streets, how do I fight this thing while I'm living in a gutter somewhere without any "base" set up from which to file appeals, receive letters, do research, make phone calls, sleep, eat, etc?. I am one check away from homelessness and have no other place to go.

They are supposed to be calling today to take my application over the phone and my nerves are driving me crazy. I'm imagining being asked all kinds of trick questions and put under the bright lights, etc.

I don't have any money for a lawyer. I just can't afford it. How do I find a lawyer that would help me and then perhaps he/she could get paid from any back check I might get or from future S.S.I. payments?. I don't think I want to go this alone if it starts to get nasty .

Thanks, Steve
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Last edited by Steven45; 10-06-2009 at 05:27 AM.

 
Old 10-06-2009, 01:06 PM   #14
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Re: "Disabled Adult Child's Benefits"?

UPDATE...

Well, my local Social Security office called and did my Disabled Adult Child's Benefits application over the phone and told me that they would be sending me a password in 4-5 weeks so that I could check at the S.S.A.'s site to see whether or not I had been approved. I meet all of the criteria.

She was a very nice lady who had a sense of humor so I felt at ease with her. She said (twice) that they would not need to do another "medical review" since I had been on S.S.I. for so long and that they would just use the existing reason I qualified from 27 years ago. She also said that if I was not approved, I would still continue to receive my regular S.S.I. payments and Medicaid as usual.

I just have a few unanswered questions left though...

1) If I am approved for Disabled Adult Child's Benefits do I automatically go on S.S.D.I. and Medicare or does this have nothing to do with that?.

2) If I am approved how much more will I receive each month (both parents are middle-class, had good jobs, worked for a lot of years, etc)?.

3) Will I receive a back-check and how much is that likely to be?.

4) If I am approved will I be switched from S.S.I. and Medicaid to just receiving money off of my parent(s) record(s) or will I receive my regular S.S.I. and Medicaid PLUS the money from my parent(s) record(s)?.

Thanks again - I really appreciate the help here
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Last edited by Steven45; 10-06-2009 at 01:09 PM.

 
Old 10-06-2009, 06:43 PM   #15
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Re: "Disabled Adult Child's Benefits"?

Quote:
Originally Posted by Steven45 View Post
UPDATE...

Well, my local Social Security office called and did my Disabled Adult Child's Benefits application over the phone and told me that they would be sending me a password in 4-5 weeks so that I could check at the S.S.A.'s site to see whether or not I had been approved. I meet all of the criteria.

She was a very nice lady who had a sense of humor so I felt at ease with her. She said (twice) that they would not need to do another "medical review" since I had been on S.S.I. for so long and that they would just use the existing reason I qualified from 27 years ago. She also said that if I was not approved, I would still continue to receive my regular S.S.I. payments and Medicaid as usual.

This is great - saves you having to gather it all up again.

I just have a few unanswered questions left though...

1) If I am approved for Disabled Adult Child's Benefits do I automatically go on S.S.D.I. and Medicare or does this have nothing to do with that?.
You will automatically go on to DAC, which will be 1/2 the benefit of one of your parents. You need to call SSA about the Medicare. I vaguely remember hearing that my son might lose his Medicaid and have to wait the 2 years for Medicare to kick in, however, they had to give his onset/start date way back at my application date, so he immediately got Medicare because the 2 year wait was already up.

2) If I am approved how much more will I receive each month (both parents are middle-class, had good jobs, worked for a lot of years, etc)?.
Your benefit will be based on whichever parent is receiving the highest benefit. Everyone gets a different amount based on how much money they earned during their careers, so no one can tell you the exact amount. Ask your parents what they get, take the highest number, then compute half, that will be your amount minus the $96.40 cost of Medicare Part B.

The max SSDI benefit for 2009 is $2323, so your max DAC benefit (1/2) could be up to $1161, assuming your parent made near $100,000 for several years. If your benefit turns out to be low, under $674, it will be supplemented with SSI to bring it up to $674. Depending on your state, the SSI amount may be slightly higher.


3) Will I receive a back-check and how much is that likely to be?.
My experience was that my son received DAC back-pay, and a good hunk of it was used to pay back the SSI he had received. He still had quite a bit left over since this process had gone on so long, and I had a good job when I could work.

4) If I am approved will I be switched from S.S.I. and Medicaid to just receiving money off of my parent(s) record(s) or will I receive my regular S.S.I. and Medicaid PLUS the money from my parent(s) record(s)?.
You will only receive 1/2 of one parent's benefits, regardless. If that amount is below $674, then yes, you will receive enough SSI to get you up to the minimum of $674 and Medicaid + Medicare. You don't get the full amount of both benefits. If you receive over $674 from your DAC, you only get Medicare, I think. Don't know what happens if you get, say $680, then paying the Medicare of $96.40 drops you below the minimum, I think people get help paying their Medicare if this happens. Don't actually know how this part works.

Thanks again - I really appreciate the help here
You're welcome! This is a very frustrating, confusing process, and we're all here to help and support each other.
I must have done this quote thing wrong, my response is all the dark print in the box.

Last edited by roses4lace; 10-06-2009 at 06:44 PM.

 
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