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How Can I Determine If An Error Was Made When It Was Determined That My Daughter Doesn't Meet The Support Requirement To Qualify For Benefits From Her Step-Father's Social Security?

Hi Larry:
My disabled adult daughter now 27 has been receiving SSI since birth. My husband (Her step-dad) and I applied for DAC benefits on his record in 2/2022. My daughter was initially approved for DAC benefits with an entitlement from the date of the application February 2022 and she received SSI/SSDI and I received a parents benefit for child in care.

PROBLEM: The benefit was suspended beginning with the August payment after I filed a reconsideration request form which I was advised to do so by the Clerk sitting at the SSA window when I came in to inquire about retroactive eligibility so that the Medicare two year period would be less than 24 months. I was concerned about losing Medicaid and her having Insurance coverage. NEXT I received a letter stating there was an error and she does not meet 1/2 support and her DAC benefit was stopped. AND I believe there was an error by the worker who did the review but I now have to file another reconsideration request to appeal the determination.

HELP: I haven’t had my questions answered about the basis of the how the decision was made. And it is unclear to me why the claims representative would have ignored the initial monetary support paid out by my husband for home care for my daughter which exceeded the yearly amount of her SSI check. That’s not included other expenses for caring for her. But yet my daughter is not eligible due to not meeting the 1/2 support rule for a Step- child. I do know the household income was combined or pooled together per the claims representative but I’m not sure what was counted or excluded. And I need to determine if an error was made in their calculations because my daughter’s SSDI benefit hinges on this. Also just as important is if this the only method that can or should be used to decide if my daughter will move from SSI to SSDI off of her father’s record.

Hi. One-half support determinations are complex at best. When the pooled fund method of determining 1/2 support is used, the income of all members of the household is pooled together. Then each member's share of the household expenditures is determined by dividing the total pooled income by the number of household members. If the step-child has enough income to pay for more than 1/2 of their share of the household expenditures, then they wouldn't be receiving more than 1/2 of their support from the step-parent.

More specific information about the pooled fund method can be found in the following section of Social Security's operations manual (POMS): https://secure.ssa.gov/apps10/poms.nsf/lnx/0301301190#b. Step by step instructions and examples are included for the various types of household compositions. Information on the type of contributions that can count when determining 1/2 support are explained in POMS RS 01301.010ff: https://secure.ssa.gov/apps10/poms.nsf/lnx/0301301010.

Best, Jerry

Category: 
Posted: 
Apr 4 2023 - 11:41am
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