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Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 12676
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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I have a client who has been turned down 2 year old son in

Customer Question

I have a client who has been turned down for SSI for her 2 year old son in the past because she was under 18 and living with her parents. There is no problem with her son qualifying based on his disability status because he is pretty severely disabled and has had numerous surgeries and more to come. The problem was her parents' income disqualified her.
She is now 18 and wanting to move out with her son. The problem is she cannot afford to do this without his getting SSI Income. Now that she is 18 would her son qualify while she lives with her parents' or does she need to be living on her own with her son first?
Is whether or not her parents' claim her and her son on their income tax return a determining factor?
Submitted: 1 year ago.
Category: Social Security
Expert:  Lane replied 1 year ago.

Hi,

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Yes, if the parents are claiming the child as a dependent ... the requirements for that would likely automatically disqualify for SSI.

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If you'll look at table 3-1 here: https://www.irs.gov/publications/p17/ch03.html#en_US_2015_publink1000170876 you'll see that both the qualifying child (QC) test and the qualifying relative (QR) test require that the person claiming the dependent provide more than 1/2 of the child's support (QR) or that the child not provide more than 1/2 of thier own support (QC).

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So this likely makes the taking the child as a depedent and SSI for the child mutually exclusive.

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However, moving out (also a disqualifier - must live with the taxpayer all year (QR) or more than 1/2 the year (QC)) ... might accomplish the objective - as now it could be shown that the child qualifies from an income perspective - already qualifying under the disability part of the test, (depending on how well the mother documents that she is cannot provide basic food clothing and shelter).

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Now that she's 18 she COULD apply again (not moving out) IF she can show - and parents would support verify - that she is now paying them rent AND that her parents' support for the child no longer exists.

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Expert:  Lane replied 1 year 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

...

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.