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Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 10097
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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My son is turning 18 and we getting Conservatorship for him,

Customer Question

My son is turning 18 and we getting Conservatorship for him, he is disabled.
How do we apply for disability social security for him?
Submitted: 3 months ago.
Category: Social Security
Expert:  Lane replied 3 months ago.

Hi Michelle. My name's Lane I can help here.

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First, SSA will want evidence that this is a court appointed conservatorship (there can be statutory conservatorships in some states)

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And just as a foundation here's the general rule:

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" If the claimant is under the age of 18, or mentally incompetent or physically unable to sign, there are several people who may sign the application on the claimant’s behalf. These include a court appointed representative (such as a guardian), the manager of an institution providing care to the claimant, or any other person who is responsible for the claimant’s care, including a relative."

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And while a court-appointed guardian may sign an application for benefits, it does not necessarily follow that the guardian will be the one to receive payments once the application is approved. However, as parent, (make this clear wherever possible) you will beauthorized to receive benefits for your son.

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THe basic analysis that's provided in the POMS (Social Security's internal Program Operation Manual) is the following:

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(a) Is the claimant physically unable to sign?

(b) Does the claimant have mental capacity to sign? and

(c) If the answer to either question is “no”, then is the person proposing to sign on behalf of the claimant authorized to do so?

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Under the POMS, the local interviewer must develop evidence of capacity. This means the interviewer must have a “clear understanding of the beneficiary’s abilities.”

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Evidence from a physician, psychologist or other professional may be submitted on the question of capacity and would be considered a major factor in the local official’s determination of capacity.

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Using these standards, the official must be satisfied that the claimant does not understand what filing for benefits means before a claimant will be excused from signing the application.

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If the local office determines that a claimant cannot sign, then it must evaluate who may sign on the individual’s behalf.

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Ths is where the COURT APPOINTED conservatorship comes to play.

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Sorry for the data-dump, but sometimes it helps to understand the policy/logic.

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To recap, for a claimant who is asserted to lack capacity to sign the application for benefits, the local SSA office must make two specific determinations: (a) that the claimant in fact lacks capacity (capacity being defined as the ability to understand what it means to sign an application for benefits), and (b) that the person proposing to sign is a formal court-appointed representative/guardian, the manager of an institution caring for the claimant, or an individual primarily responsible for the claimant’s care.

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By the way, all of the above pertains to the SIGNING of the application. For years, almost all SSA business was completed after an interview, either face-to-face or by telephone. (SSA) is now favoring online services, and then requiring that a physically-signed application be submitted following the completion of the online application process. So using the standard online app is fine if you'd prefer, but you'll need to go into a local office to submit the signature and the documentation mentioned above.

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You can call tha masin social security number to mak an appointment to a loca office: 1-***-***-****

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And here's a locator that will allow you to search for offices by zip code: https://secure.ssa.gov/ICON/main.jsp

Expert:  Lane replied 3 months ago.

. … Please let me know if you have any questions at all.

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If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the stars or faces on your screen, and then clicking “submit")

Otherwise I’m working for no crediting at all here

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Thank you!

Lane

I hold a law degree, (Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.

Customer: replied 3 months ago.
Ok we have everything, what do they base how much he will get a month?
Expert:  Lane replied 3 months ago.

An adult disabled before age 22 may be eligible for child's benefits if a parent is deceased or starts receiving retirement or disability benefits.

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They consider this a "child's" benefit because it is paid on a parent's Social Security earnings record.

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For a disabled adult to become entitled to this “child” benefit, one of his or her parents:

  • Must be receiving Social Security retirement or disability benefits; or
  • Must have died and have worked enough to qualify for Social Security, or
  • These benefits also are payable to an adult if he or she is disabled at age 18, and if they received dependents benefits on a parent’s Social Security earnings record prior to age 18

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They'll then use the same rules that they would use for determining adult disability (except using the work record of the parent).

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Expert:  Lane replied 3 months ago.

By the way, An adult child who was already receiving SSI benefits as a child, should still check to see if benefits may be payable on a parent's earnings record. Higher benefits might be payable, and entitlement to Medicare may be possible.

Expert:  Lane replied 3 months ago.

I hope you’ll rate me (using those stars, or faces on your screen, by clicking submit) based on thoroughness and accuracy, rather than any good news / bad news content. Otherwise I’m working for no crediting at all here.

Thank you!

Lane

I have a law degree, (Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.

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