SSI for EMD child

[2MsWife]

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

I have a few questions regarding SSI for my daughter. I've looked at the SS website, but some of it seems pretty vague.

My 10 year old daughter has emotional disabilities. She has been diagnosed with bipolar disorder, anxiety disorder, and ADHD. She has an IEP ruling at school. She is in SPED (special ed) for part of the day and in regular class for part of the day. She is considered to be a SPED student.

In the last 3 years, she has had 4 acute hospitalizations due to these conditions. Each hospitalization was for 1-2 weeks.

From January 2011 - July 2011, she was in a PRTF (psychiatric residential treatment facility) 3 hours away from our home. Since coming home, she is in a program that provides intense in-home therapy and case management.

While things have improved, she still has emotional problems. This is something that, unfortunately, we will battle all her life.

Given these circumstances, is it likely that she would qualify for SSI? I know that none of you can predict for sure, but does anyone have any experience regarding emotionally disabled children and SSI. What records am I likely to need to provide?

And my second question - Assuming we can cross the hurdle of her disability being approved, what about income? The website looks like it says it considers household income. My husband is not her father. For Medicaid purposes, his income doesn't count because he is not legally responsible to support her. Will SS include his income when determining eligibility?

If they do have to include his income, do they take into account household size, circumstances, etc? For example, we have my daughter (who I have full custody of) and his 3 children from a previous marriage (who he has full custody of), and all 4 kids live with us full-time. He also has 2 other children in other states who he pays $850 per month child support for (combined.)

Also, do income limits vary by state, or is it across the board?

If anyone can give me any info that might help me, I would appreciate it. I want to have as much information as possible before I start this process.

Thank you!

ETA: I don't know if it makes a difference, but she is on Risperdal, Lamictal, and Focalin to help manage her conditions. If dosages would help give a clearer answer, please let me know, and I will get those and post them.

 

[TheGeekess]

Social Security has a strict definition of disability for children.
• The child must have a physical or mental condition(s) that very seriously limits his or her activities; and
• The condition(s) must have lasted, or be expected to last, at least 1 year or result in death.
A state agency makes the disablity decision. They review the information you give us. They will also ask for information from medical and school sources and other people who know about the child.
If the state agency needs more information, they will arrange an examination or test for the child, which we will pay for.

How does Social Security decide if a child can get SSI?
Children can get SSI if they meet Social Security’s definition of disability for children and if they have little or no income and resources. We also consider the family’s household income, resources and other personal information.

http://www.ssa.gov/disability/Factsheet-CHLD.pdf

http://www.ssa.gov/applyfordisability/child.htm

Child Disability Starter Kit

Honestly, I don't think your daughter would be eligible. But you won't know for sure until you go through the paperwork.

 

[2MsWife]

Thank you, Geekess. The only reason I thought she might qualify is because her condition has lasted more than a year (and is expected to) and for 3 years has definetely impacted her functioning. At one point, she couldn't attend school at all due to these problems (last school year.)

Would you advise that I go ahead and request records from each of her acute hospitalizations? (3 were at the same hospital, one at a different hospital) As well as from the PRTF, her school, and her current doctor, therapist, and case manager? I'm sure it will take some time, and be LOTS of records!

I'm wondering if I go to the social security office and ask my questions regarding income, if they can tell me the max income allowed to still qualify. If we don't meet that guideline, I don't want to spend hundreds of dollars getting these records.

Thanks again!

 

[TheGeekess]

Thank you, Geekess. The only reason I thought she might qualify is because her condition has lasted more than a year (and is expected to) and for 3 years has definetely impacted her functioning. At one point, she couldn't attend school at all due to these problems (last school year.)

Would you advise that I go ahead and request records from each of her acute hospitalizations? (3 were at the same hospital, one at a different hospital) As well as from the PRTF, her school, and her current doctor, therapist, and case manager? I'm sure it will take some time, and be LOTS of records!

I'm wondering if I go to the social security office and ask my questions regarding income, if they can tell me the max income allowed to still qualify. If we don't meet that guideline, I don't want to spend hundreds of dollars getting these records.

Thanks again!

All I know is what I see on the SSA site. (Okay, and the fact that once upon a time I was on SSDI and have dealt with them since.) But I did find this:

To apply for a child...

You will need to complete an Application for Supplemental Security Income (SSI) AND a Child Disability Report. The report collects information about the child’s disabling condition and how it affects his/her ability to function.

At this time, only the Child Disability Report can be completed online. Please contact us to schedule an appointment to complete the SSI application. We will help you in person or by phone.
Steps to Apply

• REVIEW the Child Disability Starter Kit. This kit answers common questions about applying for Supplemental Security Income (SSI) benefits for children, and includes a worksheet that will help you gather the information you need.
• CONTACT Social Security right away to find out whether the income and resources of the parents and the child are within the allowed limits, and to start the SSI application process.
• FILL OUT the online Child Disability Report. At the end of the report, we will ask you to sign a form that gives the child's doctor(s) permission to give us information about his/her disability. We need this information so that we can make a decision on the child’s claim.

Apply for Disability Benefits - Child (Under Age 18)

 

[2MsWife]

Thank you again!

Obviously, Google hasn't been my friend lately. I blame finishing nursing school this week. I think nursing school killed some brain cells!

Looks like I need to do some additional googling and some more research. Thank you for those links. I'll start there.

 

[2MsWife]

I was out running errands and decided to stop at the SS office to get any info I can. (Mainly regarding the income limits)

I'll post back with any info I can get. (If I can get any at all. Lol.)

 

[Onderzoek]

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

I have a few questions regarding SSI for my daughter. I've looked at the SS website, but some of it seems pretty vague.

My 10 year old daughter has emotional disabilities. She has been diagnosed with bipolar disorder, anxiety disorder, and ADHD. She has an IEP ruling at school. She is in SPED (special ed) for part of the day and in regular class for part of the day. She is considered to be a SPED student.

In the last 3 years, she has had 4 acute hospitalizations due to these conditions. Each hospitalization was for 1-2 weeks.

From January 2011 - July 2011, she was in a PRTF (psychiatric residential treatment facility) 3 hours away from our home. Since coming home, she is in a program that provides intense in-home therapy and case management.

While things have improved, she still has emotional problems. This is something that, unfortunately, we will battle all her life.

Given these circumstances, is it likely that she would qualify for SSI? I know that none of you can predict for sure, but does anyone have any experience regarding emotionally disabled children and SSI. What records am I likely to need to provide?

And my second question - Assuming we can cross the hurdle of her disability being approved, what about income? The website looks like it says it considers household income. My husband is not her father. For Medicaid purposes, his income doesn't count because he is not legally responsible to support her. Will SS include his income when determining eligibility?

If they do have to include his income, do they take into account household size, circumstances, etc? For example, we have my daughter (who I have full custody of) and his 3 children from a previous marriage (who he has full custody of), and all 4 kids live with us full-time. He also has 2 other children in other states who he pays $850 per month child support for (combined.)

Also, do income limits vary by state, or is it across the board?

If anyone can give me any info that might help me, I would appreciate it. I want to have as much information as possible before I start this process.

Thank you!

ETA: I don't know if it makes a difference, but she is on Risperdal, Lamictal, and Focalin to help manage her conditions. If dosages would help give a clearer answer, please let me know, and I will get those and post them.

First, you have it backwards. You have to cross the income hurdle before a decision about disability is made. In your mind, the disability issue may come first, but SSA will not make a decision about disability for a child whose parents have too much income. The claims representative should not even discuss the medical condition before they gather the income and resource and living arrangement information. Even if you want them to know it all.

Second, your income situation is too complicated for you to get a good answer from a simple phone call to the 800# or a quick visit to the office.

Third, you are not required to obtain the medical records yourself. However, you may decide that having your own copies of this child's medical records yourself may be worth the money.

Yes, your spouse's income is used in determining SSI for your child for as long as you live with him. Yes allocations are made for your children who live with you and his children who live with you, considering their own sources of income like child support or SS survivor benefits. Yes court ordered child support that is being paid is excluded from your husband's income. Voluntary child support is not. Child support that is not being paid is not. The formula is the same in every state, but some states add to the federal benefit so disabled children in some states can qualify based on the income that would disqualify in another state.

In addition, your resources need to be reported. Some count. Some don't. Your home, your car, your second and third car, your bank accounts, your IRA's, your boat, your life insurance, your non-home real estate, your investments, anything you own jointly with anyone else, etc. And your husband's resources also. You may be over the limit, you may be under. Being over the limit disqualifies your daughter for every month you are over.

SSI amounts can change each month. Changes need to be reported each month. You work overtime, you get laid off, you get unemployment, the child support increases, decreases, children turn 18, children move in, children move out, other people move in, you buy or sell a car or a house, you get a $5000 jackpot at a casino, you and 11 of your second cousins inherit your great-grandfather's oil royalties, etc. All of that has to be reported. Much of it changes the amount of money paid. Some it does not. Until your child turns 18, your money and your husband's money has to be reported.

File a claim. Provide all the information. Bring documents to prove all your statements about income, resources and living arrangements. Be prepared to report changes every month for the next eight years. Your child may get $1 or $674 (federal) or a different amount every month. Overpayments are common in disabled children's claims unless parents' financial lives never change.

Or you could meet the income and resource requirements and not meet the disability requirements. However, based on your statements, it does sound like your child has a severe condition, so she could be found disabled.

File a claim. Only way to know for sure. Everything else is speculation.

And actually, the rules are not vague at all. The rules are very specific. Here is the entire section about SSI (except payees and disability) https://secure.ssa.gov/apps10/poms.nsf/chapterlist!openview&restricttocategory=05