Should I appeal an SSI benefits denial?

[gregbert]

I live in Massachusetts

My son (2) is severely disabled. I applied and received a denial for SSI benefits, not for medical reasons - but because my (his father)'s income is significantly above the limit. Should I appeal? or is this kind of a denial not worth appealing? I am confident he would get benefits if not for my income.

 

[Proserpina]

I live in Massachusetts

My son (2) is severely disabled. I applied and received a denial for SSI benefits, not for medical reasons - but because my (his father)'s income is significantly above the limit. Should I appeal? or is this kind of a denial not worth appealing? I am confident he would get benefits if not for my income.

You have no grounds to appeal; if your income puts you over the limit, then it puts you over the limit.

 

[LdiJ]

You have no grounds to appeal; if your income puts you over the limit, then it puts you over the limit.

I didn't think that children's SSI benefits were dependent on an ncp's income. I thought that only the cp's income was relevant...and even then, its not necessary to be truly low income to get SSI for a seriously disabled child. Therefore I am not entirely sure that your answer is correct. It may very well be, based on the nitty gritty details of the situation, but OP really needs to have some serious discussions with the SSA, and an attorney experienced in SSI appeals before assuming that her facts make an appeal groundless.

 

[Proserpina]

I didn't think that children's SSI benefits were dependent on an ncp's income. I thought that only the cp's income was relevant...and even then, its not necessary to be truly low income to get SSI for a seriously disabled child. Therefore I am not entirely sure that your answer is correct. It may very well be, based on the nitty gritty details of the situation, but OP really needs to have some serious discussions with the SSA, and an attorney experienced in SSI appeals before assuming that her facts make an appeal groundless.

Where did you get that Mom and Dad aren't together?

SSI for minors absolutely does consider family income.

http://www.ssa.gov/pubs/EN-05-10026.pdf

 

[LdiJ]

Where did you get that Mom and Dad aren't together?

SSI for minors absolutely does consider family income.

http://www.ssa.gov/pubs/EN-05-10026.pdf

Ok...perhaps I was wrong in assuming that mom and dad were not together. I do agree that family income matters.

 

[Proserpina]

And I'd agree that if they are living separately, it sounds a bit odd.

Having said that, I haven't raked through the gazillion SSA documents fully. And they are such a joy to read, aren't they?

 

[LdiJ]

And I'd agree that if they are living separately, it sounds a bit odd.

Having said that, I haven't raked through the gazillion SSA documents fully. And they are such a joy to read, aren't they?

Oh yes...they are SUCH a joy. However, I wasn't basing my comments on those documents necessarily...although I have read many of them. I was basing it more on families I am familiar with, with seriously disabled children, who receive SSI benefits for those children. I can think of one family in particular, in the real world, that receives SSI benefits for their seriously disabled child, and they are by no means low income...and another where custodial mom is low income, but ncp dad is absolutely not.

In my particular profession I tend to be familiar with who is getting what from the SSA, because the SSA issues tax documents for all monies they pay out, whether those monies are actually taxable income or not. Therefore the parents bring those documents with them at tax time, because they don't know whether or not they are relevant.

 

[Onderzoek]

There is an obscure deeming waiver provision that applies to the most serious of the seriously disabled children (those who would be in an institution if not cared for at home).

https://secure.ssa.gov/apps10/poms.nsf/lnx/0501310201

Most employees won't know about it since it is so rarely applied.

The child must have qualified for SSI previously while in a facility and meets the criteria for a state home care plan. The SSI payment is limited to $30 a month.