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Author Topic: SSI denied son  (Read 2836 times)

ViolinGirl

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SSI denied son
« on: December 15, 2016, 11:21:06 AM »
I am on SSDI and SSI myself, with the bulk of my money coming from SSDI as I was able to work for a few years before the onset on my disability. And through all that time, I lived with my parents. Then I got pregnant with my son, moved in with my boyfriend last year, and found out my son has autism in May, which he gets intense ABA therapy for. When I mean intense, it's like 20 hours a week of ABA sessions.

I applied for SSI recently for my son and told SS to update my address. Shortly after, I got two letters. One from
SSA saying my SSI will be stopped. One letter from SSA saying my son doesn't qualify for SSI because my boyfriend makes too much.

HOWEVER, during the interview I specifically explained that while I do reside with my boyfriend, we do not act like a married couple and that I pay my own way. We do not share bank accounts or anything like that.

I pay for my son's things [food, clothes, etc], my car, my car insurance, my gas, my food [we cook and eat separately], my own bills [health insurance copays and deductibles], etc.  Either that lady didn't note that, or the SSA denied us both regardless. The letter says I was put in category B. But according to their own rules, I should be my own household, which is category A because I pay my fair share. In fact, the amount that I get from SSI is only 19 dollars, which doesn't even put enough gas in my car.

I already printed and filled out the SSA reconsideration form but wondered if anyone else had been through this, and if so, what their outcome was.




Helper

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Re: SSI denied son
« Reply #1 on: December 15, 2016, 11:55:25 AM »
Is your boyfriend that you live with the child's father?

Are you paying 1/2 the expenses (like rent, utilities, etc) or are you paying 2/3?  If you & boyfriend are each paying half the rent etc, then you are splitting son's share & therefore both supporting him.

If your son is living with both parents, then both parent's income will count for SSI benefits. 
« Last Edit: December 15, 2016, 12:02:55 PM by Helper »

ViolinGirl

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Re: SSI denied son
« Reply #2 on: December 15, 2016, 12:23:26 PM »
Yes, my boyfriend is my son's dad. I pay at least 1/2 of everything.  Will his income still count against my ssi though? I was under the impression I can keep my money if I pay my fair share, even if my son becomes ineligible.

But like I said, the SSI money doesn't even put gas in the car. I use my SSDI money to pay for my share of everything.

Lit Love

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Re: SSI denied son
« Reply #3 on: December 15, 2016, 12:24:30 PM »
What is your concern about, your SSI money, or your child's?

ViolinGirl

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Re: SSI denied son
« Reply #4 on: December 15, 2016, 12:26:57 PM »
What is your concern about, your SSI money, or your child's?

Both. I want to know if I still remain eligible for SSI and if my son qualifies or not, it's very confusing.

ViolinGirl

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Re: SSI denied son
« Reply #5 on: December 15, 2016, 12:38:40 PM »
The reason I want to know is because I don't want to send in the forms if I have very little chance of reconsideration for myself and/or my son. Even if my son is ineligible due to my boyfriend's income, I feel like I should still be able to keep my SSI because I contribute to the household and related expenses.

Lit Love

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Re: SSI denied son
« Reply #6 on: December 15, 2016, 12:47:27 PM »
I highly doubt your son is eligible from the scenario you're describing.  Is Medicaid a factor as well in either case?  You were required to notify SS once you moved, btw.  Don't be shocked if they claim you owe the SSI back for the months since you moved.

Why are you covering half the expenses if your bf has substantially more income than you?  And why should the taxpayers support your child when he should be?  If Medicaid eligibility is a factor for you, you might want to appeal, otherwise consider if it's worth appealing.

Did you become disabled before age 22?  If so, your benefits may rise once you become eligible for DAC benefits (one of your parents would have to become disabled, retire or pass away, have enough credits, etc.)  If you marry, you'll no longer be eligible for DAC, so research that beforehand.

Edited to correct DAC age to 22, not 24
« Last Edit: December 16, 2016, 12:58:06 PM by Lit Love »

ViolinGirl

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Re: SSI denied son
« Reply #7 on: December 15, 2016, 01:20:30 PM »
Thank you so much for your response. It helped a lot. You're right, I should have said something when we moved but I have been in and out of the hospital. I've had 4 surgeries in 4 years, plus some ER visits and also having to deal with my son and the ABA therapy.

I do want to keep Medicaid because I have Medicare and it doesn't pay much. if I ever need surgery again [which I know I will], I'll have to pay 20 percent of the cost. If I need to stay in the hospital, it's 400 dollars a day for the first 5 days. Something I def. can't afford unless Medicaid picks up the tab.

For my son, Medicaid is not a factor as he gets Family Health Plus. The Medicaid would be for me so I think I will just let my son's case go but try to appeal my SS decision.

I'm covering my expenses and my son's and other bills because 1. I want to contribute, and I like doing so and 2. if I pay my fair share, it's less money he has to pay for all three of us. Which he can then use to save for anything we need in the future. Like if the house needs work and whatnot.

ViolinGirl

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Re: SSI denied son
« Reply #8 on: December 15, 2016, 01:24:42 PM »
Sorry, I meant I've had 4 surgeries within 2 years. Two of those surgeries have taken place since I moved. I have a lot of medical problems, which does unfortunately mean hospital stays, specialist visits, etc. And now my son is special needs with 15-20 hrs of therapy a week and I also have a sneaky suspicion he may have other problems which need to be looked into.

Thankfully if I do owe them any money, it's less than a years worth of benefits which amounts to about $190. But i will appeal their decision for me, but I'll let the benefits for my son just go because it's not worth it.

Lit Love

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Re: SSI denied son
« Reply #9 on: December 15, 2016, 01:46:01 PM »
A couple more things, you could be required to pay back your son's SSI benefits as well.  I'm surprised he qualified for SSI in the first place.  Didn't they require a child support order to be in place?

Is your family computation larger on your SSDI than the amount you are receiving?  If so, your son could be receiving as much as half your benefit.  Because you worked for such a short period your family max might be the same as your current benefit, but you should check if you haven't already. 

If you were living separately from your bf he would be required to pay a larger portion of your son's support than you based on income. 

If your Medicaid is not tied to your SSI, I personally wouldn't open up that can of worms.  You could be charged with fraud for not reporting the move.  It might not be likely, but it is possible. 

ViolinGirl

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Re: SSI denied son
« Reply #10 on: December 15, 2016, 02:11:19 PM »
My son never got SSI. I just applied for him recently and got a flat out denial due to my boyfriend's income, so at least there's that.

I've already talked to someone about the SSDI child benefit when my son was first born, I do not have enough work credits for him to get anything. The only thing I could do is make him a beneficiary when I die, which I did.

I understood I should have reported the move but between dealing with my medical crap, my son's special needs, learning to drive, my personal injury suit, etc, it's been tough to get anything done. I did ask the SSA to update my address but apparently that was only for SSDI and not SSI? I don't understand how one was updated and not the other.

Lit Love

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Re: SSI denied son
« Reply #11 on: December 15, 2016, 09:30:01 PM »
Ah, they're different systems.  In that case, I wouldn't worry about appealing.  You tried.  ;)

In my state, you'd still qualify for Medicaid even if you lost the SSI due to your income, but every state is different.  I forgot to tell you that you should research your Medicare Advantage plans in your state.  If you don't have Medicaid you'll need to pay for Part B and pay for a drug plan (Part D).  An Advantage plan would also cover the 20% you're worried about if you lose Medicaid.  Some plans are free and even cover the cost of Part B, have drug coverage included, etc.  While other Advantage plans can run a few hundred a month.  The less expensive plans will have fewer choices about which doctors you can see, Kaiser is a common plan choice for those with limited budgets for example.

Well, your explanation about being denied for your son makes sense.  I would encourage you to consider asking your bf to contribute more towards his expenses.  IMO, that would be appropriate--it's what I would expect of my own son in similar circumstances.  

Congrats on the baby.  
« Last Edit: December 15, 2016, 10:22:03 PM by Lit Love »

jsm

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Re: SSI denied son
« Reply #12 on: December 15, 2016, 09:58:39 PM »
Your choice of pronouns is significant to me. "My" son, not "our" son. Another poster even had to ask you if the boyfriend was the father or not. Nowhere do you use the pronoun "our" when talking about your son who is also your boyfriend's son.  As the father who lives with his child, of course his income is considered in computing the SSI for his child.

For you and SSI, since the boyfriend is not a husband, he is really just a non-relative you live with. Although he is the one saving money for "us". So you are really muddying the water here. And a bit naive (in my opinion) if you believe that this man who has no commitment to you (you don't even eat meals as a family) will always consider your desires and needs with the money he is saving for "us".

In your first post about contributing, there is nothing in there about contributing to shelter expenses. The decision about being in living arrangement B is ALL about paying your share of shelter expenses. A car is not shelter, neither are your son's clothes, or your health insurance copays. You say you pay for household and related expenses but you don't list any of them. Just your car, gas, etc. Nothing about the rent, the lights, the heat, the water. You know, shelter. You don't pay for shelter. So living arrangement B is correct. And you have probably been overpaid since the month after the move.

If you were to change up how you and the father split up the shelter bills, you might have a chance at reinstatement for SSI for you. You would have to pay 1/3 since there are three of you in the household. Of the shelter bills. And no, SSI will not consider the payments that you do make as payment to shelter. Because it is not.

Your son will probably not qualify for SSI because his father, who happens to be your live in boyfriend, non-relative, earns too much money.

Helper

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Re: SSI denied son
« Reply #13 on: December 15, 2016, 10:41:11 PM »
I would like to make a couple suggestions not directly related to the SSI but important for your son's future.

Since it sounds like your boyfriend is working, I sm going to presume that he is relatively healthy.  Ask him to take out a term life insurance policy with your son as the beneficiary.  If something happens to your son's father, than your son will be protected.  It should be relatively inexpensive if he is in good health.  He may even have a small policy through work - but he needs to check who he has listed as the beneficiary.

I am not sure how old your son is & the severity of his autism.  Obviously, early intervention can make a difference but there can be a range of outcomes by the time a child is 18.  However, you might want to ask your boyfriend about saving some money in son's name - instead of just his name.  A 529 account is an option if you think he will be able to pursue post-high school education.  Or you/his father could open an ABLE account for him if you certify that he is disabled. Contributions are limited to $14,000  / year  & any balance up to $100,000 is not counted for SSI/Medicaid purposes.  See link for more info.  https://secure.ssa.gov/poms.nsf/lnx/0501130740

Just Me

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Re: SSI denied son
« Reply #14 on: December 16, 2016, 08:56:31 AM »
Why do you pay Medicare deductibles and co/pays if you have Medicare and Medicaid ? You may make an application for Medicare Savings Program  Medicaid to pay your Medicare Premiums, deductibles and co/pays if you aren't receiving SSI and Medicaid. 


Is your boyfriend on the birth certificate as the child's  father ? Does your boyfriend pay into Social Security where he works ? The reason I ask is if something happens and your sons father becomes disabled or dies and he is on the birth certificate, if he has paid in enough to Social Security, your son would be eligible for benefits off of his work record. He might also be eligible for Disabled Adult Child Benefits if SSA finds him disabled before age 22. If he is not on the birth certificate, he won't be eligible for benefits. There are a few things SSA will accept as proof of the child being his, besides his name on the birth certificate. But, the birth certificate is the easiest.

The info above only applies to the child's legal father. You saying a man is the child's father is not enough.
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