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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13507
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I have a question about my disabled adult son continuing to

Customer Question

I have a question about my disabled adult son continuing to be eligible for Medicaid. He presently receives disability social security (on my wifes record) and SSI. If I start to draw my social security (I am 67) his social security disabiltiy will be based on my record. But, that will make his social security payments too high to also continue to receive SSI. It is imperative that he not lose his medicaid coverage.
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Submitted: 1 year ago.
Category: Social Security
Customer: replied 1 year ago.
Just to clarify. My son had been only on SSI from age 18 until age 44. When my wife began to receive her social security at age 62 - they said my son then became eligible for disability social security,. But, because the amount was only about $700 in social security for him he also continued to get SSI - about $50. But because he gets at least $1 in SSI - he also continues to be eligible for Medicaid. I am 67 - if I start to draw my social security - his social security will be based on my higher social security benefit. Thus, he will no longer get SSI. His medical needs require Medicaid benefitis (for medicine; in home care, etc). How can we continue to keep the Medicaid coverage??
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply. Does your child have medicare in addition to his medicaid?
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Generally, 'When a child qualifies for and receives CDB, the additional income is excluded from countable income for Medicaid eligibility if the child’s SSI was terminated because of the increased income but the child is otherwise eligible for SSI: determined disabled and having countable resources of $2,000 or less. In some states the transition from SSI-linked Medicaid to CDB Medicaid is automatic and in others, the state Medicaid agency may require a new application.'1 Depending on your state rules, this can be automatic OR he must re-apply at his local medical assistance office, so now is the time, likely that you will want to discuss this with your local office.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it. Sincerely, ***** ***** Joy, Esq.Your online SS legal resource!
Customer: replied 1 year ago.
Yes, he has medicare as well as medicaid. We live in Georgia and he qualifies for a medicaid waiver to pay for in home care. That is why cannot lose medicaid. Thank you - will go to Social Security office
Expert:  Stephanie O Joy, Esq replied 1 year ago.
OK, you can go here: https://secure.ssa.gov/iClaim/rib If you have troubles, you can also go into your SS office. At some point you have to go there anyway to provide your photo ID, your birth certificate, but it is nice to get the basic application done online, since it can take the SSA a few month to process it.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it. Sincerely, ***** ***** Joy, Esq.Your online SS legal resource!
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Urgent! There is just one more step needed, so thank you for finishing up! Hello again. It is month end for my little office - Please, if you haven't yet had the opportunity to do eitherof the items below, I ask that you do so now, because it is the only way I can receive credit for time spent with you. Please:1) Follow up if clarification is needed on our above interaction/Q&A, OR2) Rate me highly if we are finished for the time being. If there's more I can do, please use the reply tab and let me know how I can be of further assistance. It's my goal to provide you with excellent service- to make sure I answered the question you asked about. Please rate me highly and provide me with feedback. And thanks for understanding how we receive credit from the Site for contributing our time here! Sincerely,Stephanie O. Joy, Esq. – Your Online Legal Professional