Ask Larry

Can You Offer Any Suggestions?

My son, who has been disabled with severe autism since the age of 3, has been receiving SSI since the age of 18. The monthly SSI payment is far less important than the fact that his receipt of SSI made him eligible for Medicaid, which pays for his participation in a day habilitation program that provides him with a regular schedule of small volunteer job engagements for several hours each day as well as some other classes and activities.

The concern I have relates to my son's potential loss of Medicaid if I were to start collecting Social Security retirement benefits. My understanding is that once I start to get Social Security retirement he could (or would have to?) switch from SSI to Social Security Disability based on my employment record. This is a real possibility, as I recently retired and am eligible to take Social Security, although I have not yet done so. My son's monthly payment under SSDI would be significantly greater than his SSI payment both during and especially after my lifetime, which might be very helpful in funding a future his living situation once I can no longer offer him a home. However, a major concern is that he might lose Medicaid, which funds his day haibiltation program that is very important to keeping him active and engaged.

Although I'm not a lawyer, I've tried to read up on this, and it looks possible that section 1634(c) of the Social Security Act allows for continuation of Medicaid benefits even if a disabled child starts to receive SSDI/Medicare benefits on a parent's work record. I am very reluctant to inquire about this directly to the Social Security Administration given a bad experience about 6 years ago, when some interactions with the SSA staff went poorly and created a situation that ultimately had to be resolved by an administrative law judge.

Thanks in advance for any help or suggestions you may be able to offer

Hi,

One of the conditions for receiving Supplemental Security Income (SSI) is that the recipient must file for any other benefits to which they are entitled, including Social Security. So, it sounds like your son will be required to file for disabled adult child's (DAC) benefits on your record when you file for your retirement benefits, or else he'll lose his SSI eligibility anyway.

I'm not a lawyer either, nor am I an expert on the Medicaid program. You may want to check with the agency that administers that program or the agency that runs your son's rehabilitation program for advice regarding your son's options.

You may also want to strongly consider using the maximization software available on this website to explore your options with regard to Social Security in order to determine your best overall filing strategy.

Best, Jerry

Posted: 
Dec 11 2017 - 8:22am
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