What is the name of your state (only U.S. law)? VA
When my son was young he received SSI due to to a disability until such time that I made over the wage limit.
He recently turned 18, and his disability is as severe as ever. It is psychiatrict, so physically he can live on his own but holding down a job outside of the home is difficult if not impossible. (Just in case this might seem like a lazy copout: His IQ is above genius level, and his skills with a computer are incredible....he is trying to go to school but has to do it online due to his disability, my financial situation has changed, so paying for it is hard and this will take a while, BUT he has a plan/goals and is working very hard towards being able to work and fully support himself)
Since he is 18 now, and is still unable to function on the same level of his peers (If I recall correctly that was the rule way way back when we first applied for SSI), is it possible that he would qualify for SSI again since he is no longer under my income? I understand that no one can give me a definitive answer, just requesting an opinion based on the experience in this forum. Having these benefits would allow him to hit his goals alot faster with alot better quality of life during the process.
Thanks for reading, and I hope you are having a wonderful holiday season.
My best recommendation is to go to your local SSA office and have son make an application for SSI disability as an adult. To receive SSI checks, he will have to meet limits for assets (not more than $2000) and income (it sounds like he has none?). The amount he could possibly get would depend on multiple factors including where he lives. If he lives with you and you are providing room and board, then these would be counted towards his income. I suggest that you search the internet, including federal or state web sites, and/or contact your local disability service providers for information on the usual room & board for your geographic area. If your son pays you for room and board, this would be considered income to him, as would any child support or other regular monthly payments--even if not labeled as child support.
Finally, make the application. It will take a while to get an answer. Your first answer may not be favorable. Thus, it would be better to apply sooner than later.
When we applied the first time (Once we finally were able to get an appt), it actually only took 1 month to get approval, which seems shocking after what I have learned about how long it could take. So based solely on whether his disability is documented enough and covered, I know that it is.
But (Back then) the first time I contacted them for an appt, the rep who answered the phone told me definitely that I made too much money and would not sched an appt and hung up on me. I had the wage requirements printed out in my hand so I knew that it was not true. When I called the 2nd time, we were given an appt straight away and the rest of the process was a breeze. So I know that atleast sometimes, when you call to make the appt the rep will not allow you to.
But it sounds like he atleast qualifies to apply. Which is what I was wondering, so that I would know if we had a similar experience trying to just get an initial appt, I would know if I should push the issue. Whether he gets approved or not is a different question.
Thanks for your help and I hope you are having a wonderful holiday season
He as been under constant psychiatric treatment, since being properly diagnosed at the age of 8, at times including acute hospitalization and the nature of his issue is permanent and the most severe classification of his issue.
Additionally, he has been part of a study at Harvard since he was 9 that studies how this issue evolves as a child grows, since they don't know. It was only recognized as something a child could have and included in the DSM IV as a childhood issue since 1996.
So one thing we have is documentation. About (20) 4 inch binders worth.
Start at socialsecurity.gov. Complete an application for SSDI even though he doesn't have the work requirement. Complete an online disability report. Focus primarily on his condition today and the last 12 months and his prognosis for the next 12 months. That is what SSA will be looking at. Call 1-800-772-1213 to make an appointment to file the income/resource part of the application with your local office. Submit the electronic disability report. Then, once he goes to his in-office appointment, the local office will have access to everything you typed and it won't have be entered again.
Critieria for children is not the same as criteria for adults. Children do get compared to what is normal development in various domains. Adults have their medical conditions compared to listings in the Blue Book. That data is available at socialsecurity.gov as well.
You may have 10 years, 18 years of evidence. SSA will be mostly interested in reviewing data from 2008 and 2009. The rest is historic and may be helpful to a new doctor, but the question that SSA has to determine is can your son engage in Substantial Gainful Activity in the month of filing, in the past 12 months or expect to be able to work in the next 12 months. Current and recent medical information is the most important.
Your adult son must be the one who says he wants to file the claim. He has to go to the interview and the CR should be asking him the questions. You can assist, but as an adult, he is ultimately responsible.
SSA may decide he needs a representative payee to manage money, however. The process may take several months. And it is not true that SSA denies everyone the first time, contrary to what you may hear or read on forums like these. However, just because he was approved as a child is not sufficient to decide he remains disabled as an adult.
Your money does not affect his eligibility unless you give it to him.
Call this week, before the end of December, or he will lose another potential month's worth of benefits.
One other thing, now that we're discussing particulars--If your son has had an IEP with the school system, neuropsych evaluations, testing regarding adaptive and social capability will all be helpful to the disability reviewer. Just a note-- one advantage is that anywhere in the U.S., your son's claim must be reviewed by a psychiatrist or doctorate level psychologist to be denied.
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