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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Lane. My disabled adult child (age: 19, almost 20) is

Customer Question

Hi Lane. My disabled adult child (age: 19, almost 20) is declared as being disabled as an adult (as well as child) by SS. Receives survivor benefits (fathers passing), but because the survivor benefits (pay) is high, it puts over the income allowed for medi-cal. We just moved to San Diego County two years ago this month and for whatever reason, Medi-Cal had the incorrect income amount so continued on full medi-cal until next month which then because of ss $ it will put over the limit causing to have $1100 share of cost which is going to create A LOT of problems. Is there anyway I can request SS to put on SSI instead of survivor benefits so would qualify for full medi-cal benefits without share of cost? SS is putting on Medicare starting next month. If I can't make that request which is what I am thinking, is there a way to lower Survivor Benefits amount by $500 a month so falls within the limits of medi-cal? THank you
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

I'm afraid that social security will not agree to establish a benefit for your child that will result in them qualifying for welfare benefits----such as SSI or Medicaid (known as MediCal in CA).

The Medicare is intended to take the place of the MediCal benefit so as not to leave the young disabled adult without health insurance of any kind.

But unfortunately there is no way to lower the survivor benefit or to even reject the survivor benefit in order to qualify for SSI. That is not allowed under both state and federal law.

The one thing that your child is allowed to do though is to work and earn income if they are able. They are allowed to earn as much as $809 per month and not have it effect their survivor benefits. This is a benefit to a disabled person who is capable of earning some amount of money.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,


Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,