Would my 10 yr old son's SSDI eligibilty be affected by his stepfather's resources?

[savagegrace]

What is the name of your state (only U.S. law)? I'm in Louisiana

I know my husbands income will be counted towards our eligibility, and our combined income is within the eligibility limits, but what I am concerned about is whether they are going to count his personal resources such as bank account, car, and 401 k .. My husband and I have our own cars. The cars combined are no more than $8000 with his car being valued at around $3000 in Kelly BB. He has his own bank account that I am not on, and he has a 401 k plan. The house we live in is also mortgaged in his name only. I, on the other hand have no bank account, no 401 K and all I really have to my name is my car. Based on this, would my son qualify for SSDI?

 

[TheGeekess]

What is the name of your state (only U.S. law)? I'm in Louisiana

I know my husbands income will be counted towards our eligibility, and our combined income is within the eligibility limits, but what I am concerned about is whether they are going to count his personal resources such as bank account, car, and 401 k .. My husband and I have our own cars. The cars combined are no more than $8000 with his car being valued at around $3000 in Kelly BB. He has his own bank account that I am not on, and he has a 401 k plan. The house we live in is also mortgaged in his name only. I, on the other hand have no bank account, no 401 K and all I really have to my name is my car. Based on this, would my son qualify for SSDI?

Are you applying for SSI or SSDI? For your son to get SSDI benefits, you would have to be on SSDI and he would get dependent benefits. SSDI benefits are not needs based.

SSI benefits are needs based.

http://www.ssa.gov/disability/disability_starter_kits_child_factsheet.htm

Income

Income is money you receive such as wages, Social Security benefits and pensions. Income also includes such things as food and shelter. The amount of income you can receive each month and still get SSI depends partly on where you live. You can call us to find out the income limits in your state.

Social Security does not count all of your income when we decide whether you qualify for SSI. For example, we do not count:

The first $20 a month of most income you receive;
The first $65 a month you earn from working and half the amount over $65;
Supplemental Nutrition Assistance Program (SNAP) benefits, formerly known as food stamps;
Shelter you get from private nonprofit organizations; and
Most home energy assistance.

If you are married, we also include part of your spouse’s income and resources when deciding whether you qualify for SSI. If you are younger than age 18, we include part of your parents’ income and resources. And, if you are a sponsored noncitizen, we may include your sponsor’s income and resources.

If you are a student, some of the wages or scholarships you receive may not count.

If you are disabled but work, Social Security does not count wages you use to pay for items or services that help you to work. For example, if you need a wheelchair, the wages you use to pay for the wheelchair do not count as income when we decide whether you qualify for SSI.

Also, Social Security does not count any wages a blind person uses for work expenses. For example, if a blind person uses wages to pay for transportation to and from work, the wages used to pay the transportation cost are not counted as income.

If you are disabled or blind, some of the income you use (or save) for training or to buy things you need to work may not count.
Resources (things you own)

Resources that we count in deciding whether you qualify for SSI include real estate, bank accounts, cash, stocks and bonds.

You may be able to get SSI if your resources are worth no more than $2,000. A couple may be able to get SSI if they have resources worth no more than $3,000. If you own property that you are trying to sell, you may be able to get SSI while trying to sell it.

Social Security does not count everything you own in deciding whether you have too many resources to qualify for SSI. For example, we do not count:

The home you live in and the land it is on;
Life insurance policies with a face value of $1,500 or less;
Your car (usually);
Burial plots for you and members of your immediate family; and
Up to $1,500 in burial funds for you and up to $1,500 in burial funds for your spouse.

http://www.ssa.gov/pubs/11000.html#a0=1

SSI rules about income and resources

When we decide if your child can get SSI, we consider your child’s income and resources. We also consider the income and resources of family members living in the child’s household. These rules apply if your child lives at home. They also apply if he or she is away at school but returns home from time to time and is subject to your control.

If your child’s income and resources, or the income and resources of family members living in the child’s household, are more than the amount allowed, we will deny the child’s application for SSI payments.

We limit the monthly SSI payment to $30 when a child is in a medical facility where health insurance pays for his or her care.
SSI rules about disability

Your child must meet all of the following requirements to be considered disabled and therefore eligible for SSI:

The child must not be working and earning more than $1,010 a month in 2012. (This earnings amount usually changes every year.) If he or she is working and earning that much money, we will find that your child is not disabled.
The child must have a physical or mental condition, or a combination of conditions, that results in “marked and severe functional limitations.” This means that the condition(s) must very seriously limit your child’s activities.
The child’s condition(s) must have been disabling, or be expected to be disabling, for at least 12 months; or must be expected to result in death.

If your child’s condition(s) results in “marked and severe functional limitations” for at least 12 continuous months, we will find that your child is disabled. But if it does not result in those limitations, or does not result in those limitations for at least 12 months, we will find that your child is not disabled.

http://www.ssa.gov/pubs/10026.html#a0=0

 

[Onderzoek]

What is the name of your state (only U.S. law)? I'm in Louisiana

I know my husbands income will be counted towards our eligibility, and our combined income is within the eligibility limits, but what I am concerned about is whether they are going to count his personal resources such as bank account, car, and 401 k .. My husband and I have our own cars. The cars combined are no more than $8000 with his car being valued at around $3000 in Kelly BB. He has his own bank account that I am not on, and he has a 401 k plan. The house we live in is also mortgaged in his name only. I, on the other hand have no bank account, no 401 K and all I really have to my name is my car. Based on this, would my son qualify for SSDI?

SSDI - your son would have to have enough years of work to qualify which is difficult for a minor.

SSI - yes, your husband's income and resources matter in detemining eligibility. One car is excluded. The value of the second car plus the bank account could make your child ineligible for SSI for any month that the countable resources exceed the limits. The 401k is an excluded resource.

 

[savagegrace]

Thanks, this answered my question

Thanks so much for the advice. I suppose it is SSI that I was referring to. I didn't understand the difference between them. Yall have answered my question though.