Am I still considered disabled if I don't financially qualify for SSI?

[MiraRamsay2012]

Arizona.

I was found disabled by an ALJ in 2013. I received SSI for awhile but starting in June, I did not because I no longer qualified financially (over $2,000 in bank). I am wondering if I am still considered disabled even if I don't get financial assistance.

For example, my mom is wondering if, since I live with her, she should claim me as a disabled dependent (I am 22) this year.

 

[LdiJ]

Arizona.

I was found disabled by an ALJ in 2013. I received SSI for awhile but starting in June, I did not because I no longer qualified financially (over $2,000 in bank). I am wondering if I am still considered disabled even if I don't get financial assistance.

For example, my mom is wondering if, since I live with her, she should claim me as a disabled dependent (I am 22) this year.

You could possibly be your mother's dependent as a disabled adult even if you no longer qualify for SSI. However, the devil is in the details.

 

[Onderzoek]

Arizona.

I was found disabled by an ALJ in 2013. I received SSI for awhile but starting in June, I did not because I no longer qualified financially (over $2,000 in bank). I am wondering if I am still considered disabled even if I don't get financial assistance.

For example, my mom is wondering if, since I live with her, she should claim me as a disabled dependent (I am 22) this year.

June 2015?

If you are ineligible for SSI payments for non-medical reasons, excess resources, for 12 months, then you have to file a new claim and a new disability decision would be required. So after 12 months of ineligibility, you would not be considered disabled again until you went through the entire process.

This can be a big surprise to an SSI recipient who is incarcerated for 12 months. They come out of jail and expect that they will get a check right away - turns out they have to reapply and wait three or six or 12 months. And then there is no guarantee that the new decision will be favorable.

Just how much in excess resources do you have, where did it come from, and what do you plan to do with it? I may have some observations or suggestions.

 

[LdiJ]

June 2015?

If you are ineligible for SSI payments for non-medical reasons, excess resources, for 12 months, then you have to file a new claim and a new disability decision would be required. So after 12 months of ineligibility, you would not be considered disabled again until you went through the entire process.

This can be a big surprise to an SSI recipient who is incarcerated for 12 months. They come out of jail and expect that they will get a check right away - turns out they have to reapply and wait three or six or 12 months. And then there is no guarantee that the new decision will be favorable.

Just how much in excess resources do you have, where did it come from, and what do you plan to do with it? I may have some observations or suggestions.

The bolded is wrong. SSI financial eligibility has nothing to do with whether or not someone is actually disabled. It has to do with whether or not they financially qualify for SSI.

 

[Onderzoek]

The bolded is wrong. SSI financial eligibility has nothing to do with whether or not someone is actually disabled. It has to do with whether or not they financially qualify for SSI.

The 12 months of ineligibility due to excess income or excess resources DOES determine whether or not a new application and a new disability decision is required. A finding of disability for SSI only cannot be used after 12 months of ineligibility for excess resources, excess income, incarceration, residing outside the US, no longer being a qualified immigrant, failure to cooperate. Any 12 month period of non-payment of SSI results in a termination of that period of SSI eligibility and the applicant starts all over.

For some reason, I can't get the POMS instructions at socialsecurity.gov to open up. So I can't link the instructions.

 

[LdiJ]

The 12 months of ineligibility due to excess income or excess resources DOES determine whether or not a new application and a new disability decision is required. A finding of disability for SSI only cannot be used after 12 months of ineligibility for excess resources, excess income, incarceration, residing outside the US, no longer being a qualified immigrant, failure to cooperate. Any 12 month period of non-payment of SSI results in a termination of that period of SSI eligibility and the applicant starts all over.

For some reason, I can't get the POMS instructions at socialsecurity.gov to open up. So I can't link the instructions.

You are missing my point entirely. Someone with cerebal palsy (for example) who receives an inheritance and is therefore ineligible for SSI does not magically become un disabled just because they no longer qualify for SSI.

They are still disabled in reality and still disabled for purposes OTHER than SSI. OP's question was about whether or not he could be claimed by a parent on their tax return as a disabled adult. I gave the correct answer to that. Your answer had nothing to do with that question.

 

[Onderzoek]

You are missing my point entirely. Someone with cerebal palsy (for example) who receives an inheritance and is therefore ineligible for SSI does not magically become un disabled just because they no longer qualify for SSI.

They are still disabled in reality and still disabled for purposes OTHER than SSI. OP's question was about whether or not he could be claimed by a parent on their tax return as a disabled adult. I gave the correct answer to that. Your answer had nothing to do with that question.

Sure, but under what authority does anyone claim to be disabled if there is no current valid government decision? I could say I am disabled because one leg is shorter than another. Or because I lost a finger in an accident. Other entities recognize Social Security's determination of disability but it is not a lifetime award.

I am sure the IRS has a definition somewhere as well. The OP should look that up if he wants to claim disability on a tax form and not rely on a decision made by SSA at one point.

 

[LdiJ]

Sure, but under what authority does anyone claim to be disabled if there is no current valid government decision? I could say I am disabled because one leg is shorter than another. Or because I lost a finger in an accident. Other entities recognize Social Security's determination of disability but it is not a lifetime award.

I am sure the IRS has a definition somewhere as well. The OP should look that up if he wants to claim disability on a tax form and not rely on a decision made by SSA at one point.

Medical authority determines whether or not someone is disabled. Not any government agency or group. A government agency or group merely validates the disability for the purposes of their government agency or group.

The notion that someone cannot be disabled unless a government group or agency declares them disabled is an insult to all disabled people who do not financially qualify for SSI.