Adult Child with Intellectual Disability

[caretaker411]

I live in Ohio and have been caring for a 29 year old daughter that was born with a learning disability. Her IQ is in the low 70's. While she looks and acts "normal" to outsiders, she does not have the verbal or intellectual skills to communicate properly, live on her own or drive a car. She has little concept of money and counting numbers is an extremely difficult task. She is very naive and can be easily "taken advantage of". I own a very, very small non-income producing company (not a "non-profit") which is used primarily to give her employment and to help her develop social and communication skills as best as possible. While she is a very kind, generous and loving person, she has no friends, no hobbies, no social life. The only assistance that I have sought from the government was for her early childhood special education.
My wife and I are now in our 60's and our health is becoming an issue. We are concerned about her care when we are gone. Our net worth is minimal, so we have little to pass on. We have set up personal IRA's for her which are only about $10,000. Are there any benefits under SSI or Medicaid that she can be getting, or can start receiving, that will help her? Thanks for your assistance.What is the name of your state (only U.S. law)?

 

[Onderzoek]

Since you are in your 60's, have either your or her mother applied for Social Security retirement? If you have or when you do, there is a question about whether or not you have a disabled adult child who became disabled before age 22. You need to answer that question yes. It is possible that she may be able to receive Social Security childhood disability benefits on the Social Security record of either you or her mother after you become entitled to retirement or when you are deceased. Depends upon the results of her IQ tests. When was the last time she was tested?

She works at your business which makes enough profit to pay her a salary. SSA is going to have to figure out if the work she does and the amount she is paid represents substantial gainful activity and whether or not she fully earns the money you pay her. If she wasn't there, how much would you have to pay a replacement employee to do her job? Would you expect more productivity from another employee? Would your business fold if she didn't do this work? Do you pay her FICA taxes on her earnings? How much does she earn a month?

If she is not performing substantial gainful activity and has under $2000 in resources, she might qualify for Supplemental Security Income (SSI) if her IQ tests low enough.

Both programs are possibilities. Neither are guarantees. Probably a good idea to have a recent IQ test done.