What is the name of your state?My state is Hawaii.
My son (age 20, with Down Syndrome) received SSI benefits for one year. He was then declared ineligible because the funds in his special needs trust (which we thought to be legally non-countable as a resource) exceeded the $2,000. limit.
After 20 months of going through the reconsideration and appeals processes, the original ruling stands. He must repay all the benefits he received ($4,600.) and also show that he has spent down the remainder of his trust funds to re-qualify.
His SSI allotment was used to pay his living expenses. He is not employed and has no income. When his benefits stopped, we began using our own funds, which were earmarked for needed repairs on our home, to pay his expenses (food, clothing, rent of a room in our home, entertainment, transportation and personal items). This, in essence, was a loan to him which would be repaid pending the outcome of the judge's decision on his resources.
My questions are:
1. Will repayment of this loan constitute a valid spend down in the eyes of the SSA?
2. What proofs will be required to show how the money was used? We have the ledger we used to keep track and itemize his expenses. We have bank statements which show the occasional deposits we made to his checking account so that he could make purchases on his own. We have a few receipts (not all) for some larger purchases.
3. It has been 20 months since he received SSI benefits. Will he need to go through the entire application process again, or can he be reinstated? There is no question about his disabling condition or his income. His resources were the only issue.
4. If and when he is re-approved for benefits, can he be considered a household of one, renting from us, or will he be considered part of our household (3 people) and required to pay a third of all household expenses?
Thank you VERY much for any help!
My son (age 20, with Down Syndrome) received SSI benefits for one year. He was then declared ineligible because the funds in his special needs trust (which we thought to be legally non-countable as a resource) exceeded the $2,000. limit.
After 20 months of going through the reconsideration and appeals processes, the original ruling stands. He must repay all the benefits he received ($4,600.) and also show that he has spent down the remainder of his trust funds to re-qualify.
His SSI allotment was used to pay his living expenses. He is not employed and has no income. When his benefits stopped, we began using our own funds, which were earmarked for needed repairs on our home, to pay his expenses (food, clothing, rent of a room in our home, entertainment, transportation and personal items). This, in essence, was a loan to him which would be repaid pending the outcome of the judge's decision on his resources.
My questions are:
1. Will repayment of this loan constitute a valid spend down in the eyes of the SSA?
2. What proofs will be required to show how the money was used? We have the ledger we used to keep track and itemize his expenses. We have bank statements which show the occasional deposits we made to his checking account so that he could make purchases on his own. We have a few receipts (not all) for some larger purchases.
3. It has been 20 months since he received SSI benefits. Will he need to go through the entire application process again, or can he be reinstated? There is no question about his disabling condition or his income. His resources were the only issue.
4. If and when he is re-approved for benefits, can he be considered a household of one, renting from us, or will he be considered part of our household (3 people) and required to pay a third of all household expenses?
Thank you VERY much for any help!