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Old 12-13-2016, 10:27 PM #1
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Confused Question on Soc Sec for Child on Fathers benefits

We filed, were denied at first, waited almost 20 months for a hearing.
A fully favorable decision was received. However, as retired older parents I was reading a booklet on benefits and from what I read if our disabled child marry's, she is 20, she will lose her benefits.

She has been disabled from childhood, is receiving based on her fathers earnings. I am concerned now...does this means she has to be alone for her life, we are in our 60's and worried that all this was for nothing if she marrys and the man can not or will not take care of her.

Any other parents out there? This is not SSI, it is off her fathers earnings.
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Old 12-13-2016, 11:21 PM #2
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Wouldn't her disability status transfer to her as an adult at some point??
If she is disabled as a child and no improvement seems like it should carry forward..without having to apply and be approved again?
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DiMarie (12-16-2016)
Old 12-14-2016, 08:51 AM #3
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Great question and I have been trying to find an answer....This stuff is hard on this injured brain.....

If I get married, will it affect my benefits?

Is it me or would you loose benefits from this link?

I cant see how or why....It dont make sense and cant find clear understanding....

I would call them for sure..... 800-772-1213
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Mz Migraine (12-14-2016)
Old 12-14-2016, 12:40 PM #4
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Quote:
This is not SSI, it is off her fathers earnings
If not SSI, then what? SSDI? SS? Your statement is rather confusing.

Agree w/davOD. If you cannot find an answer from the link he/she posted, you need to get in touch w/SS directly. Only they can give you a clearer answer.


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Old 12-16-2016, 12:48 AM #5
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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.
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Old 12-16-2016, 12:54 AM #6
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Quote:
Originally Posted by Jo*mar View Post
Wouldn't her disability status transfer to her as an adult at some point??
If she is disabled as a child and no improvement seems like it should carry forward..without having to apply and be approved again?
I thought that Jo, but then I read the pamphlet and it said those benefits could stop if she marry's. I thought that would be crazy. But maybe they feel that disabled people are no longer disabled if they marry?
Di

"If he or she receives benefits as an adult disabled since childhood, the benefits generally end if he or she gets married. However, some marriages (for example, to another adult disabled child) are considered protected.

The rules vary depending on the situation. Contact a Social Security representative at 1-800-772-1213 (If you are deaf or hard of hearing, call TTY number 1-800-325-0778) to find out if the benefits can continue.
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Last edited by DiMarie; 12-16-2016 at 02:17 AM.
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Old 12-16-2016, 10:51 AM #7
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Quote:
Originally Posted by DiMarie View Post
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
Discussing w/an atty is probably your best best if you are having trouble talking to a "human" when calling SS.
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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Old 12-16-2016, 03:45 PM #8
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Quote:
Originally Posted by Mz Migraine View Post
Discussing w/an atty is probably your best best if you are having trouble talking to a "human" when calling SS.
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!
I put a call in, he is out of the office. I am almost afraid to hear the answer after all this stress. He worked 20 years for Soc Sec before becoming an attorney and specializing in SS cases so if anyone would know he should....But why wouldn't this have been important to mention during the process at some time? (Rhetorical question)
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Old 12-16-2016, 04:20 PM #9
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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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Old 12-16-2016, 06:56 PM #10
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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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