Q and A

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Answers Copyright protected, 2009 by L. Mark Russell, All Rights Reserved.

Q:

Although our kids are diagnosed with Asperger Syndrome and are socially quirky and many as my son face a challenge with anxiety and most have not been able to get a part time job due to difficulty getting thru the interview (of course I am sure the current economy plays a role) and many are not driving on their own, but have a drivers license, they are bright and capable. Should we go along and apply for SSI as the office seems to think that the AS diagnosis makes it very likely that they would be eligible?

A:

If the child with a disability satisfies Social Security's definition of disability, I usually encourage parents to apply for SSI for their child when the child turns 18 (or at least before the child reaches age 22). This is true for several reasons.

First, assuming the child satisfies Social Security’s definition of disability, the child will generally become eligible for SSI upon reaching age 18 because the parents assets no longer “deem” to the child.

Second, in cases where it is unclear whether a child is disabled under Social Security’s definitions, sometimes it tends to be easier to establish disability when the child is younger. A person is considered disabled under Social Security’s definition of disability if, by reason of a physical or mental impairment, the person is unable to engage in substantial gainful activity. A person is generally considered to be unable to engage in substantial gainful activity if, due to the impairment, the person cannot earn more than $980 per month ($1,640 for blind individuals). These figures are based in 2009 figures and increase each year.

In borderline cases, it may be easier to establish disability when a child is very young and has no earning history.

Third, in most states a person who is eligible for SSI will also be eligible for Medicaid. Although your child may be covered by your health insurance policy, it is good to have Medicaid as a backstop in case your child has medical needs that are not fully covered by private insurance.

Fourth, a child who is disabled before reaching age 22 will be eligible for Social Security Disability Insurance (SSDI) benefits when the parents retire, die or become disabled. Although SSDI received will reduce the amount of your child’s SSI benefit, SSDI benefits are generally substantially larger than SSI benefits. Moreover, once your child begins receiving SSDI, the child will automatically qualify for Medicare within two years. Applying for SSI when the child reaches age 18 establishes that disability occurred before age 22 and therefore avoid possible future dispute with Social Security administrators regarding the date that disability occurred.

Q:

If we get SSI for our child, will our child automatically get Medicaid?

A:

Not exactly. If your child receives SSI, that proves that your child is “aged, blind, or disabled” for purposes of receiving Medicaid. But, there are other Medicaid requirements, such as: The applicant must be a U.S. citizen or meet certain non-citizen requirements, be an Illinois resident, and meet income and asset tests, and give DHS information about your child’s private health insurance.

To apply for medical assistance, visit your nearest Illinois Department of Human Services (DHS) office and their staff will help your child apply. Or, you can ask for the application to be mailed to you and you can arrange for a telephone interview by calling DHS at 1-800-843-6154.

Q:

As a parent, I do not want my son to view himself as disabled needing government funds, at least not at this point. He needs time to grow and mature, and only if he cannot make it on his own should he consider applying for government benefits. What do you think?

A:

I really applaud your sentiment. You want your child to be as independent as possible with healthy self-esteem.

But let me point out a few possible misperceptions.

First, for most planning when you have a child with a disability you want to simultaneously plan for worst and best case scenario. To cover worst case scenario where your child may need government benefits in the future particularly when your child ages, then as I discussed above if you get SSI for your child prior to age 22 you are “setting up the cards” for your child to receive Social Security Disability Insurance off you or your husband’s work record when you retire, die, or become disabled. And, more importantly, two years after your child qualifies to receive SSDI your child will be eligible for Medicare.

Second, I’ve never seen any stigma related to a person receiving SSI. I could be wrong, but it’s not like they are wearing a sign when they’re out and about in public. For example, if a senior citizen receives a Social Security check who knows and who cares? Maybe an employer cares, but most employers understand the reality for the need for benefits.

Third, just because your child is on SSI doesn’t mean your child should not pursue meaningful work. In fact, there are all kinds of incentives built into the government benefit laws promoting work. For example, if your child gets SSI, each month after the first $85, every two dollars of earned income reduces the SSI cash benefit by one dollar. But, even if your child earns enough so that your child receives no SSI cash benefit, often the child can still receive Medicaid. And that’s great because a lot of lower-paying jobs don’t offer medical insurance.

Fourth, sometimes for parents to get various services for their child with a disability, the child has to be on Medicaid. Medicaid pays for lots of programming after the child is age 18: day programs, supported employment, job coaches, residential programs, workshops.

Answers Copyright protected, 2009 by L. Mark Russell, All Rights Reserved.

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