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My 20 year old Mentally retarded daughter recieves SSI in Texas,

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I was undewr the assumption...
My 20 year old Mentally retarded daughter recieves SSI in Texas, I was undewr the assumption my (I am the father) income did not matter if the child has reached 18. I recieved a nasty letter today from SS, setting me up an appointment to bring in check stubs, bank statments and all kinds of crap fro OCTOBER of 09? I am the only worker, sinlge parent,,,does my incomer matter?
Submitted: 6 years ago.Category: Social Security
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Answered in 1 minute by:
4/1/2011
Social Security Expert: Phillips Esq., Attorney-at-Law replied 6 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 20,301
Experience: B.A.; M.B.A.; J.D.
Verified

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Does she reside with you ?

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Customer reply replied 6 years ago

Yes, she has resided with me ever ince she started recieving the SSI. She was 16 when this started. She is MR, 20 years old, on a second grade level,,,she will never get well. Born this way (for whatever it's worth)

Social Security Expert: Phillips Esq., Attorney-at-Law replied 6 years ago

Thank you for the additional information.

 

Your Question: My 20 year old Mentally retarded daughter recieves SSI in Texas, I was undewr the assumption my (I am the father) income did not matter if the child has reached 18. I recieved a nasty letter today from SS, setting me up an appointment to bring in check stubs, bank statments and all kinds of crap fro OCTOBER of 09? I am the only worker, sinlge parent,,,does my incomer matter?

 

Response: Unfortunately, your income does matter. If she is living with you, your income would be considered as one of her resources, which would be used to determine her continued eligibility for benefits or whether the benefits would be reduced. Her age is irrelevant.

 

http://www.socialsecurity.gov/ssi/text-living-ussi.htm

 

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Customer reply replied 6 years ago

this makes no sesne to me...I have been working at the same plae (State Of Texas), ever since she turned 18, my income has not changed much at all...why would it all of a sudden matter now? And made no difference the last 3 years (she's almost 21), also, back when, a case worker informed me when she turned 18, income didnt matter, only things such as a move to a different home, or the person (my daughter) gets married, or moves somehwere else? Have rules changed recently? Good grief, we are buying a home, I work my tail off,,and that money IS needed for her support..

Social Security Expert: Phillips Esq., Attorney-at-Law replied 6 years ago

 

Your money is not needed for her support per se. Your income is needed to show you as one of her resources because she is living with you. Her benefits may not change but the information is needed to make that determination. This has always been the rule. Maybe, the people in the Texas office did not do their job when she first applied by asking for your information. I help people apply for Social Security benefits in my private practice and this has always been the case.

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Customer reply replied 6 years ago

Ill leave you alone after this one, I promise,,,did I mention the letter demands I bring in ALL this income info from October of 09? Coincedintelly that was the month and year she turned 18....Also, you seem versed in this...If my income does indeed matter, how much am I allowed to make or not allowed to make...example: If I make 50 K year Gross, how would it affect the benifet, or hell,,give me some sort of clarification on this..SS people damn sure do not want to disclose anything...again, I will accept the answer and leave you alone after you respond to this..

Social Security Expert: Phillips Esq., Attorney-at-Law replied 6 years ago

I am here to answer follow-up questions. No need to rush...I know how frustrating it is to deal with Social Security office. You cannot believe how many times that I have sworn not to call them again and then turned around and called them right back!

 

Your income only matters to a point to show that you could be providing food and Shelter for her by mere fact that she is residing with you. Unfortunately, there is no magic amount that you must make for her to continue to receive or not receive benefits. Your income is only being used as one of her resources--something that she may count on for assistance and not as her income. The publication below should clarify things, I hope.

 

http://www.socialsecurity.gov/ssi/spotlights/spot-living-arrangements.htm

 

http://www.socialsecurity.gov/ssi/spotlights/spot-living-arrangements.htm

 

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Customer reply replied 6 years ago

Well that is awfully vague.."my income has no set amount", but it does affect the dollar amount the child recieves".. I am just not buying into this,,there HAS TO BE a chart, sliding scale or SOMETHING UNIFORM used to calculate a benifet. also, I copied and pasted this from an "advocacy for disabled " website..read below.



5. SOCIAL SECURITY:




 


a. At age 18 only a person's own income/resources affect eligibility Many children with disabilities are not eligible to get Supplemental Security Income (SSI), because eligibility depends on (1) having a disability and (2) having only limited income and property. Until age 18, a part of the parents' income/property is counted as belonging to their child. Unless the parents have very low income/property, a child may be disqualified because of the parents’ income/property.. An 18 year old should apply for SSI. In 2005, the SSI benefit is $579 per month and automatically qualifies person for Medicaid health coverage.

5. SOCIAL SECURITY:





 


 


a. At age 18 only a person's own income/resources affect eligibility Many children with disabilities are not eligible to get Supplemental Security Income (SSI), because eligibility depends on (1) having a disability and (2) having only limited income and property. Until age 18, a part of the parents' income/property is counted as belonging to their child. Unless the parents have very low income/property, a child may be disqualified because of the parents’ income/property.. An 18 year old should apply for SSI. In 2005, the SSI benefit is $579 per month and automatically qualifies person for Medicaid health coverage.
Social Security Expert: Phillips Esq., Attorney-at-Law replied 6 years ago

There is no chart or sliding scale that I am aware of.

 

So, I will opt out and give other Experts the opportunity to further assist you.

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Customer reply replied 6 years ago

I was told 3 years ago , By a SS case worker that my income did not really matter anymore, as far as affecting my Mentally Retared daughters benifet, because she was turning 18. I was told that my "expenses" could come into play, such as if I were to buy another home with a larger house payment etc.


 


Today I recieved a demanding nasty letter from the local office, setting me up to come in and bring EVERYTHING (check stubs) relating to my income ALL THE WAY BACK to October of 09, which coincedently is the month she turned 18.


 


Yes the child is almost 21, lives with me and my other daughter, has for years. What THTE HELL do the SS people want now? My income has not changed much at all since that last visit when she turned 18, and why does it matter, I was told it really didnt...last but not least, VERY little has changed over these past 3 years, still same employeer for me, still buying the same house..I even talked to a rep on the phone briefly today,,and he couldnt explain what the hell this was all,about,,,and naturally my "case worker" who sent the letter was leaving for the day..HELP!

Social Security Expert: Taxtom, Accountant replied 6 years ago
Taxtom
Taxtom, Accountant
Category: Social Security
Satisfied Customers: 2,364
Experience: Tax Preparer and acountant for over 25 years
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Hello, Normally if a person doesn't have to pay for their own housing their benefit can be reduced by $100 to $150 a month and we are going to assume that they already know she is living with you so the benefit shouldn't change. As the other expert said is not necessary an amount of income it is if you were a very low income earner they would allow more for SSI since you would have not made enough to pay for housing on your own income. One idea I had, since you are going in for a review anyway you might ask if your child qualifies for Social Security Disability Insurance (SSDI) which is based on your earnings record and usually higher than SSI, the benefit may be as high as 1/2 of the benefit you would get when you retire. Thanks Tom
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Customer reply replied 6 years ago

well, I am assuming they would have told me if she qualified for ss "D", way back when.., also, not sure if I am considered a "low earner", feel like one, but I do gross around 58K, in Texas, enough to buy a decent home and live fair...also, she has aways recieved the "Max" for this state. I wish what you said so badly could be true,,(qualify for SSD), you wouldnt happen to have a link that might put that question to rest by chance? I am going to calm down, like you, I think this is just a review, and they will see basically nothing has changed, but they do talk out of both sides of thier mouth...I wasnt making it upo when I said the women told me years back that "income" didnt really matter anymore, but my "expense" could (due to the "fair share" or something rule)..

Social Security Expert: Taxtom, Accountant replied 6 years ago
Hello, You are not a low earner. I don't have a link that would guarantee which she qualified for but your earnings are enough that I would assume the benefit is higher under SSDI and don't assume that they did what was best for your daughter. It is harder to get SSDI but I beleive you daughter should qualify. Thanks Tom
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Customer reply replied 6 years ago

Thanks Tom, at least you got me thinking about something else, I would have never thought to inquire about SSD...but I have paid in a butt load of money to SS over the years...going to accpet the answer and get you paid....I am well versed in Insurance, have 6 licenses, just sitting here wondering if I could make a few bucks answering Insurance and claims related questions...do you mind me asking how well you do on here? do you spilt profits with the web site? etc? last question and I'll get you paid, promise..

Social Security Expert: Taxtom, Accountant replied 6 years ago
Hello, Once you answer the first 10 questions you receive 1/2 of the question value and 75% of the bonus. I have done well. Thanks Tom
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Taxtom
Taxtom
Taxtom, Accountant
Category: Social Security
Satisfied Customers: 2,364
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