Handicapped son losing Medical Assistance Benefits because of husband passing

[ChihuahuaMom]

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

My son who has been handicapped since almost birth is now 36 years old. He is / was getting Medical Assistance Benefits until he received a letter saying he no longer qualifies. He was getting ( I think) about $800 a month SSI and when my husband passed (from colon cancer) in June of this year my son's income went to $1,751. This is the same amount I am receiving ( which I don't understand ) Since I am totally lost in this subject, husband took care of everything, bills, medical, etc I have no idea where to turn or what to do .

My son does pay for things like gas (for my car ) and his own food , clothes and other items he wants /needs He has a couple credit cards that he handles himself . He wants to put some bills in his name like the electric or water but I am hesitant to do that .

Should we go see a social security attorney to see what we can do ? Like I said I am lost and I don't know what to do .

Thanks for any help

Sandy

 

[single317dad]

The first place to contact is the Pennsylvania Department of Human Services:

http://www.dhs.state.pa.us/

Your son needs to find out why his benefits were terminated, and under what conditions they might be restored or new benefits begun. Until those questions are answered, there's not much else you can do.

 

[Proserpina]

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

My son who has been handicapped since almost birth is now 36 years old. He is / was getting Medical Assistance Benefits until he received a letter saying he no longer qualifies. He was getting ( I think) about $800 a month SSI and when my husband passed (from colon cancer) in June of this year my son's income went to $1,751. This is the same amount I am receiving ( which I don't understand ) Since I am totally lost in this subject, husband took care of everything, bills, medical, etc I have no idea where to turn or what to do .

My son does pay for things like gas (for my car ) and his own food , clothes and other items he wants /needs He has a couple credit cards that he handles himself . He wants to put some bills in his name like the electric or water but I am hesitant to do that .

Should we go see a social security attorney to see what we can do ? Like I said I am lost and I don't know what to do .

Thanks for any help

Sandy

I have a quick question.

Your son's income was raised because he qualified for dependent benefits after your husband died - correct? Does the letter say he no longer qualifies for anything? or just that he no longer qualifies for the medical assistance?

 

[Onderzoek]

After your son has been on Disabled Adult Child benefits for two years, he will be entitled to Medicare. Part A will not have any premium; Part B and Part D will.

He will have to check with his county Medicaid office to see if he can get a share of costs Medicaid instead of a no share of costs Medicaid that he got while on SSI, while he is waiting for Medicare. That means he may have to pay a portion of his medical bills now that his income is so much higher than before.

It will take some work on your part. You may have to ask multiple questions to multiple sources to understand it all. But your son needs you to do this.

Pretty sure you won't find any attorney that will do anything for you. You might get some direction by having a visit with a lawyer, but there is no way for a fee to be made. Some cities have volunteer organizations that help people understand the ins and outs of Medicare and Medicaid.

 

[commentator]

Thanks, Oz, I was hoping you'd come in on this one.

Sandy, OP, there is a difference between SSDI and SSI. Social Security Disability (SSDI) has no income criteria on it. You don't get it because you are poor and need it so badly. You get it based on work history and everyone gets it, rich or poor, and it has no relation to your income.

And SSI (Supplemental Security I)is for low income disabled people who don't qualify for SSDI.

SSDI is for people who are drawing based on their earnings record or someone else's work record, as in the case of your son after your husband passed away. SSDI is almost always more money than SSI, which caps out at about what your son was receiving. But now he's getting more through SSDI from your husband.

Which means that he is not any longer qualified for the Medicaid that he got based on getting SSI and being classified as being below the income guidelines.

It's better, of course, to get more income, but it does have its disadvantages in terms of losing some of the benefits related to being low income, like the Medicaid. As onderzoek has pointed out to you, after two years, he can get on medicare and pay some part of the premiums himself. And during those two years, while they are passing, he may be able to get some type of coverage through the county human services or Medicaid office, whatever that's called in your state, to help him with medical bills. He'd need to pay some premiums during that time, but after all he has more income anyhow.


And if he were to have some type of catastrophic medical event during those two years, then you'd need to work with them more to see if they could help him with these. No point worrying about that possibility now.

The attorneys who advertise on daytime TV that they can "get you the help you need from the government with your disability!" are not anyone you need to think about retaining. In the first place, they mostly work with people who are trying to get on disability who can't fill out their own paperwork and handle their own appeals.

But an attorney can't change the income eligibility guidelines or the social security laws and regs, which is what you're dealing with. And secondly, no one has done you wrong, there's no appeal, you cannot change your son's income, thus you cannot change his change in status as far as that particular program is concerned.

 

[ChihuahuaMom]

Thanks for all the input. I did make a mistake he is getting $800 something. He is making calls on his own. He does get the medicare but not the part B. He will have to call Welfare back cause all systems are down. He gets $16 food stamps. That is all he gets.

Thanks alot
Sandy