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12-16-2016, 12:48 AM | #1 | |||
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Magnate
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No it is not SSI,
SSDI Based on not her own work history, but her fathers. We applied as a child at 2008 but we earned to much. Her dad retired 20010 and she was collecting on his benefits until she graduated (2014) unrelated to her disability. She was receiving medicade for her disability, no food stamps, no cash as she lived with us and even at 21 our income was used, even though we are on social security. When she would be graduating high school, we were told to apply for disability as a child under 22. We did, and were denied at first, but over 3 years later after she was 21 she was awarded SSDI disability as a child based on her dad's earnings. Jo, even though she is now 21, she was disabled before 22, they deemed back in 2008 in grade school was the disability start date. She is 21 now, never was able to go to a reg school after 2008, never drove, worked, or had social life due to the disability. But the way I am reading, even thought she received a favorable award, if she marry's she will lose it...I am so confused. We are into our 60's what if she meets a friend and they want to marry, will that stop her income, surely she could possible improve as she gets older, but we can't predict that. Even if she does, it may be a menial job to just be not around the public or from home. I am concerned. Maybe I can get a call into the attorney, I know he use to work for social security. Let you know if I do get an answer. If I call Soc Sec I am on hold 1 1/2 hrs and if I call three times get three answers. Di
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. Pocono area, PA . . . |
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"Thanks for this!" says: | Mz Migraine (12-16-2016) |
12-16-2016, 10:51 AM | #2 | ||
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Member
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If you go the atty route, make sure atty specializes in SSDI cases only. I would also discuss w/atty regarding setting up some sort of trust fund for your daughter's future to care for her after you & hubby are no longer around to care for her. Do a Google search: "Special Needs Trust" Loads of info. Again, your best bet would be to deal w/an atty. GOOD LUCK & HAPPY HOLIDAYS!
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12-16-2016, 03:45 PM | #3 | |||
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Magnate
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Quote:
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. Pocono area, PA . . . |
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12-16-2016, 04:20 PM | #4 | ||
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Member
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I think were all on the same page, that it dont seam right?
When you find out please post the answer for us.....I cant believe there would be a loop hole like this after so many years?! |
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12-16-2016, 06:56 PM | #5 | |||
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Co-Administrator
Community Support Team
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I see it states "could" lose it... as in may or may not...
So it might depend on if future spouse has high income, but really that only would seem to fit if a SSI issue (income based) not a disability issue..
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12-20-2016, 06:01 AM | #6 | ||
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Magnate
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Sorry, I don't drop by all that often anymore because the forum is slower.
DiMarie is referring to DAC (Disabled Adult Child) benefits or CDB (Childhood Disability Benefits). If your daughter marries she will no longer be eligible for SSDI with the one exception if she marries someone also receiving SS benefits, this is called a "protected marriage". (It's rare but it does happen. This rule was put in place to allow two beneficiaries with mental impairments to get married without losing benefits.) If she were later to become divorced or widowed, she would not become eligible for DAC again, the exceptions being a voided or annulled marriage. She could of course still apply for SSI at that point if needed. Right now she should be receiving 50% of whichever of your SS benefits is higher. She could receive up to 75% of either parent's benefit upon their death. Disability Planner: Benefits For A Disabled Child SSA - POMS: RS 00203.015 - Re-entitlement Requirements for Child's Benefits - 04/03/2013 There are special resources for young DAC beneficiaries to help them go to college or receive training and even work part time. If she can take classes online, you might want to encourage that. There are many jobs that can be done from home now. She could actually earn credits towards her own SS record. Planning for Adult Children with Disabilities – Special Needs Alliance Last edited by LIT LOVE; 12-20-2016 at 08:08 AM. |
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"Thanks for this!" says: | davOD (12-20-2016), Mz Migraine (12-21-2016) |
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