How to begin disability process for adult daughter

[Smash cakes]

What is the name of your state (only U.S. law)? Indiana

Hello all!
My daughter is 20 years old and was born with low intellectual functioning. She has never received disability, lives at home, and we do currently qualify from an income standpoint. She was initially given an iq score of 60 at ages 5 and 10. At 17 her score was listed at 70. I have those assessments, they were completed by the school psychologists. She has not received any psychiatric treatment because she is well behaved and happy. Therefore, the only medical history she has are these school evaluations, and regular medical check ups. The reasons I believe she needs extra help as an adult, in addition to her IQ are that She 1) cannot manage time 2) count money/ understand costs, and 3) is very easily manipulated by her peers 4) has poor hygiene/self care skills without strong encouragement. I would like to help her become a productive member of society but I also feel that she needs social security income as a safety net. I have a few questions.



1) should I file my claim now? hire a lawyer before filing a claim? Or seek out additional medical opinions?

2) if I need additional medical opinions, where do I start? A psychologist? A general practitioner? Or are there doctors who specialize in these types of cases?

3) will getting her drivers permit/ a small part time job hurt her chances for approval?

I'm not trying to scam anyone, I really don't think she can earn a living at this point, and she certainly couldn't maintain a job without my help. I just wanted her to be able to get some time away from home doing something active, but I don't want to hurt her chances of getting help later if, god forbid, I or her father am not around.

Thanks in advance for your time.
Mara

 

[TheGeekess]

www.ssa.gov

 

[Smash cakes]

www.ssa.gov

I have looked at the SSA website, and I understand how to file. I am simply looking for advice on the best way to present my case since she is considered borderline in regards to approval under intellectual disability. Thanks for your response though.

 

[Ohiogal]

I have looked at the SSA website, and I understand how to file. I am simply looking for advice on the best way to present my case since she is considered borderline in regards to approval under intellectual disability. Thanks for your response though.

You have NO case to present. Hire her an attorney.

 

[Isis1]

OP, i hate to tell you this. because no parent of a special needs parent ever really wants to.

you've done your daughter a great disservice by not having her tested for the services she most definitely qualified for. these services would have assisted her in being able to survive and support herself.

getting SSI as a child, with the proper paperwork is very simple. complicated and annoying...but VERY simple compared to doing so as an adult. it could take years at this point. and the fact that she obviously survived two years past her 18th birthday is not a fact that will be missed by the SSA clerk during the process. it's a needs based program.

you absolutely should start getting her signed up into therapy programs for disabled adult. is she in any continuing programs? her latest IEP? does she have a current doctor? when was the last time she had a psychological evaluation?

talk to a social disability attorney.

 

[Ladyback1]

Just apply!

If there is not enough medical documentation, SS will send her for a required medical exam (either psych or physical, depending on what you are claiming her disability is)

If you claim she has always been disabled (since birth) SS will request all of her medical records (psych or physical again depending on what you claim as the disability). If you apply and only claim disability starting NOW, SS will request medical records for the prior year, and request psych records for 2 years prior.

You should also have your daughter apply for vocational rehabilitation (through your state, or at least it is in this state). Voc Rehab will assess your daughter, not only through psych exams, but also through other testing to see if she qualifies for their assistance. She may qualify for job training with a job coach. Just because YOU don't think she is capable of being at least a little self-supporting does not mean that she is in fact incapable!

She may need a case worker through social services to walk her (and you) through all of the forms and hoops she will have to jump through (figuratively speaking).

But truly...there is no harm in applying. You/She will not be penalized for applying. The absolute worst thing that will happen is you will find out that she doesn't qualify for anything...

 

[Onderzoek]

What is the name of your state (only U.S. law)? Indiana

Hello all!
My daughter is 20 years old and was born with low intellectual functioning. She has never received disability, lives at home, and we do currently qualify from an income standpoint. She was initially given an iq score of 60 at ages 5 and 10. At 17 her score was listed at 70. I have those assessments, they were completed by the school psychologists. She has not received any psychiatric treatment because she is well behaved and happy. Therefore, the only medical history she has are these school evaluations, and regular medical check ups. The reasons I believe she needs extra help as an adult, in addition to her IQ are that She 1) cannot manage time 2) count money/ understand costs, and 3) is very easily manipulated by her peers 4) has poor hygiene/self care skills without strong encouragement. I would like to help her become a productive member of society but I also feel that she needs social security income as a safety net. I have a few questions.



1) should I file my claim now? hire a lawyer before filing a claim? Or seek out additional medical opinions?

2) if I need additional medical opinions, where do I start? A psychologist? A general practitioner? Or are there doctors who specialize in these types of cases?

3) will getting her drivers permit/ a small part time job hurt her chances for approval?

I'm not trying to scam anyone, I really don't think she can earn a living at this point, and she certainly couldn't maintain a job without my help. I just wanted her to be able to get some time away from home doing something active, but I don't want to hurt her chances of getting help later if, god forbid, I or her father am not around.

Thanks in advance for your time.
Mara

1. You cannot file a claim for your adult daughter unless you are her legal guardian appointed by a court. Nor can you hire an attorney and enter into a contract on her behalf. She must do all those things but you can assist her.

Contrary to others on this site, I think hiring an attorney for an initial claim is a bad idea. You will be dealing with a staff member, not the attorney, at the initial level. The staff member will still have to get all the information needed for filing the claim from you and from her which will be nothing more than what you would provide directly to SSA. There is very little extra that an attorney can add at the initial level. If she does choose to hire an attorney, she needs to ask just what they will do from day one. Now, if she gets denied at the initial level and ends up filing a hearing, I agree that she should hire an attorney.

She would not be filing for Social Security Income, but Supplemental Security Income (SSI) which is a welfare program. I understand that the acronyms are confusing. After she turned 18, your income no longer mattered, except what you might give to her or own jointly with her. So your financial need is not a factor, only hers.

I do not agree that having her found disabled as a child means it would be easier for her to be found disabled as an adult. All SSI children have adult standards applied when they turn 18. The only difference is that their SSI continues while the decision is being made. Certain diagnoses for children, like ADHD, do not equate to an approval for an adult.

2. I don't have a good answer for this, except that I do think it is crucial that a thorough examination be completed before she turns age 22. There will come a time when you or her father are not around unless you outlive her, and if she never married and never performed substantial gainful employment and there is medical evidence that she was disabled before age 22, she could get benefits on your or your husband's Social Security record as a Disabled Adult Child long after you are not around. And that is not a welfare program. I also think you should get your own copy of any of those exams.

Voc Rehab is a good place to start. Also look into local sheltered workshops like Goodwill. Talk to your family doctor. Maybe he/she can provide a good referral.

3. If she is capable of qualifying for a driver's license, that will be apparent whether or not she actually has the license. So passing or failing the test just verifies her functioning level. Not taking the test proves nothing.

There is no definitive answer to your question about a job. Depends on hours. Depends on rate of pay. Depends upon how much supervision she requires. Depends upon whether or not she is successful in the job. Depends on whether or not she can sustain the work. Getting a job may show she is able to hold a regular job or it may show that she is not or it may not be conclusive in any way. If you are concerned about the job issue for the claim, perhaps now is not the time to try. Although I also wonder why you waited until now. Seems like it would have been brought up in school in her senior year. Or perhaps she has been in school all this time.

She (with your help) can file an online SSDI claim along with a Disability Report and indicate that she also wants to file for SSI. Submit the online SSDI claim and the local office will call about the SSI claim. Since she has no work history, she will get a denial on SSDI, but then the SSI will be evaluated. If she does this in August, August will be her application date and potential payment date. If she waits until a later month, she will have just given up a month or more of benefits. Go to www.socialsecurity.gov today (with her) and a claim can be submitted with just a few hours of work. But be sure to say yes to SSI.

Initial decision will take three to six months. Talk to your local office after the SSI claim is filed to determine how to best submit the IEP's you have. If it is denied, there is an appeal process and that may be the best time to hire a rep. And she can be shopping around for one while she is waiting.

Read as much as you can. Don't trust me or any other poster. We don't know all the details, just what you tell us.

 

[Nellibelle]

You have NO case to present. Hire her an attorney.

Sorry, but you're wrong! One doesn't need to hire an attorney to represent them in their attempt to get SSDI! The mother is entitled to be her child's rep before the Social Security Administration if she meets certain requirements to do so!

 

[Ohiogal]

Sorry, but you're wrong! One doesn't need to hire an attorney to represent them in their attempt to get SSDI! The mother is entitled to be her child's rep before the Social Security Administration if she meets certain requirements to do so!

Sorry but you are wrong. Based on what she has said. Please go away.

 

[Onderzoek]

Posted by Nellibelle
Sorry, but you're wrong! One doesn't need to hire an attorney to represent them in their attempt to get SSDI! The mother is entitled to be her child's rep before the Social Security Administration if she meets certain requirements to do so!

Posted by Ohiogal
Sorry but you are wrong. Based on what she has said. Please go away.


I think this proves my last statement. Don't believe any poster on the internet.

 

[Ohiogal]

Posted by Nellibelle
Sorry, but you're wrong! One doesn't need to hire an attorney to represent them in their attempt to get SSDI! The mother is entitled to be her child's rep before the Social Security Administration if she meets certain requirements to do so!

Posted by Ohiogal
Sorry but you are wrong. Based on what she has said. Please go away.


I think this proves my last statement. Don't believe any poster on the internet.

I will stack my knowledge against Nellibelle at any point. What I stated was correct. Nelli needs to stop trolling. Nor did I criticize your post at all. You gave very good advice at what the ADULT CHILD could do.

 

[Onderzoek]

I will stack my knowledge against Nellibelle at any point. What I stated was correct. Nelli needs to stop trolling. Nor did I criticize your post at all. You gave very good advice at what the ADULT CHILD could do.

She got three different answers. I criticized all of them, including my own.

 

[Ohiogal]

She got three different answers. I criticized all of them, including my own.

I like you and you know more about disability than I do. I concede to you. Not to Nelli.