Son switching from SSI to SSDI?
February 13, 2019 12:51 PM
My young adult son with Aspergers has been collecting SSI since he was 17. He is now a full-time junior in college and not working at the moment. He has worked a few jobs in the last couple of years, making minimum wage. His father just became eligible for Disability, and we were told my son is now eligible to the equivalent of half his father's benefits.
Son was contacted by Social Security, requesting he come in to "apply" for SSDI. We're confused by this, and I'm very nervous as I feel like it will be a series of booby traps set so Son is excluded from benefits. I will accompany Son to the appointment on Friday as it can be confusing for him. I also am frustrated that they can't just transfer Son's info from SSI records to SSDI records, but that's another issue.
We were asked to bring the names and contact info for all of Son's medical providers as well as all his previous job information.
I guess I'm mostly confused about what will make Son eligible for Disability. He has a permanent neurologic condition (Asp.) as well as general anxiety and ADHD. He has been able to hold simple, part-time, low-wage jobs, but I really can't predict his success with more career-oriented work after he graduates from college.
Does the fact that Son has worked at all shut him out of Disability? One of his jobs was full-time--a summer job as a painter. We are very careful that he never has more than $2000 on hand, which is not difficult as he pays rent to me and for his own groceries and other expenses. But I just don't know what SSDI wants to hear from Son to keep him eligible. Can anyone offer any tips or encouragement?
Son was contacted by Social Security, requesting he come in to "apply" for SSDI. We're confused by this, and I'm very nervous as I feel like it will be a series of booby traps set so Son is excluded from benefits. I will accompany Son to the appointment on Friday as it can be confusing for him. I also am frustrated that they can't just transfer Son's info from SSI records to SSDI records, but that's another issue.
We were asked to bring the names and contact info for all of Son's medical providers as well as all his previous job information.
I guess I'm mostly confused about what will make Son eligible for Disability. He has a permanent neurologic condition (Asp.) as well as general anxiety and ADHD. He has been able to hold simple, part-time, low-wage jobs, but I really can't predict his success with more career-oriented work after he graduates from college.
Does the fact that Son has worked at all shut him out of Disability? One of his jobs was full-time--a summer job as a painter. We are very careful that he never has more than $2000 on hand, which is not difficult as he pays rent to me and for his own groceries and other expenses. But I just don't know what SSDI wants to hear from Son to keep him eligible. Can anyone offer any tips or encouragement?
I am an attorney and used to do Social Security cases, but am not particularly experienced with the particular issue that your son is facing, and my practice is different now. I'm not your attorney or your son's and this is not legal advice.
Generally the requirements for SSI and SSDI are identical, but a person becomes eligible for SSDI by working and paying into the system. There may or may not be questions about your son's ability to hold a job. It will not matter that the jobs he has held are not what you think of as "career" type jobs - Social Security only cares if your son can hold a full time job at the level of Substantial Gainful Activity, which is a low bar. However, for a situation where your son has always had what sounds like it may be a listing-level disability, has never worked full-time for more than a few months, and also has a disabled parent, he may continue to qualify.
What you want to do is check out The National Organization of Social Security Claims Representatives and find an attorney local to you who you can talk to.
The other thing you will likely need to do is make sure your son has a doctor who will support him in the claim - there are certainly people who do age out of child benefits and don't qualify for adult benefits, because the standards for adults and children are slightly different. Check out NOSSCR's site and find an attorney through them and then talk to the attorney.
If you're in northern New England (Maine, New Hampshire, Vermont, or Massachusetts), memail me and I can make a particular recommendation for a law firm.
posted by bile and syntax at 1:52 PM on February 13, 2019
Generally the requirements for SSI and SSDI are identical, but a person becomes eligible for SSDI by working and paying into the system. There may or may not be questions about your son's ability to hold a job. It will not matter that the jobs he has held are not what you think of as "career" type jobs - Social Security only cares if your son can hold a full time job at the level of Substantial Gainful Activity, which is a low bar. However, for a situation where your son has always had what sounds like it may be a listing-level disability, has never worked full-time for more than a few months, and also has a disabled parent, he may continue to qualify.
What you want to do is check out The National Organization of Social Security Claims Representatives and find an attorney local to you who you can talk to.
The other thing you will likely need to do is make sure your son has a doctor who will support him in the claim - there are certainly people who do age out of child benefits and don't qualify for adult benefits, because the standards for adults and children are slightly different. Check out NOSSCR's site and find an attorney through them and then talk to the attorney.
If you're in northern New England (Maine, New Hampshire, Vermont, or Massachusetts), memail me and I can make a particular recommendation for a law firm.
posted by bile and syntax at 1:52 PM on February 13, 2019
Your son did not become eligible for SSDI. Presumably he does not have an earning history that would make him eligible for that benefit.
He became eligible for what I would call "lifetime dependent disability benefits" at the 50% level by virtue of the facts that (1) he is the son of a worker who is eligible for SS benefits and (2) he himself has a disability that arose before age 22. It is only happenstance that his father became a social security recipient based on his own disability. The same eligibility would have arisen later when his father reached age 62 (or 67...) and began drawing benefits.
You and he should consult with any attorney who knows the system. There may be limitations on how much he can earn in a year, and he may well qualify as a "dual eligible" person who can receive Medicaid and Medicare benefits.
posted by yclipse at 2:49 PM on February 13, 2019
He became eligible for what I would call "lifetime dependent disability benefits" at the 50% level by virtue of the facts that (1) he is the son of a worker who is eligible for SS benefits and (2) he himself has a disability that arose before age 22. It is only happenstance that his father became a social security recipient based on his own disability. The same eligibility would have arisen later when his father reached age 62 (or 67...) and began drawing benefits.
You and he should consult with any attorney who knows the system. There may be limitations on how much he can earn in a year, and he may well qualify as a "dual eligible" person who can receive Medicaid and Medicare benefits.
posted by yclipse at 2:49 PM on February 13, 2019
As the SSI program is needs based, one of the program's rules is that a recipient must apply for all other benefits to which he may be entitled. Once his father started to receive disability benefits, your son became eligible for adult disabled child benefits on his father's earnings record. As pointed out above, the same would be true once his father started to receive retirement benefits, and it would be true if the father were to die.
SSA should use a doctrine known as collateral estoppel to find him disabled for the adult disabled child benefits, meaning, as indicated above, if he's disabled for SSI purposes, he's disabled for adult disabled child benefits.
The fact that he worked one summer in the past should have no bearing on this transition.
All of that being said, given his age, SSA is going to review his eligibility for disability periodically and they may use this opportunity to do just that. If he was receiving SSI as a child they would have reviewed for eligibility as an adult at age 18, though it is hard to tell from your question how close to age 18 he was when he was first put on benefits.
posted by pasici at 4:11 PM on February 13, 2019
SSA should use a doctrine known as collateral estoppel to find him disabled for the adult disabled child benefits, meaning, as indicated above, if he's disabled for SSI purposes, he's disabled for adult disabled child benefits.
The fact that he worked one summer in the past should have no bearing on this transition.
All of that being said, given his age, SSA is going to review his eligibility for disability periodically and they may use this opportunity to do just that. If he was receiving SSI as a child they would have reviewed for eligibility as an adult at age 18, though it is hard to tell from your question how close to age 18 he was when he was first put on benefits.
posted by pasici at 4:11 PM on February 13, 2019
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Generally, SSI and SSDI have the same standard for what counts as a disability, so whatever makes your son eligible for SSI disability benefits also makes him eligible for SSDI benefits. The difference between the programs is that SSI is for low income people and has income and asset limits, and SSDI is for anyone who has paid into the system through Social Security taxes (and their spouse and sometimes kids) and SSDI does not have income or asset limits. Both SSI and SSDI usually permit some amount of work, but it’s complicated and you should definitely talk to an attorney about your son’s specific condition and specific jobs to get a reliable answer about what might jeopardize his benefits.
A lot of people get both SSI and SSDI. If the amount someone qualifies for under SSDI is under the monthly SSI payment amount, they’ll get SSDI, then get SSI on top to bring them up to the SSI amount.
Both SSI and SSDI generally require periodic recertifications of eligibility for benefits. It sounds like they may be checking if your son continues to qualify when they move him over to SSDI (or a SSDI/SSI combo).
I hope this makes sense, and I’m happy to clarify aspects of how the SSI and SSDI program work if you have more questions and I know the answers! I can’t answer your questions about whether your son’s previous jobs will be a problem, and you really should talk to an attorney about how working affects his eligibility for the programs.
posted by insectosaurus at 1:32 PM on February 13, 2019