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Does My Son Have Any Options?

My son became disabled at age 19 and filed for benefits on my husband's
>> Social Security, as he was also disabled. My son is now an adult and gets benefits on my husband’s account. However, I am ready to receive my benefits, which are twice what my husband gets. Social Security said that my son has to now reapply for benefits on my account, which means he has to complete a new application for benefits. If he chooses to stay on my husband’s benefits, he will lose his SSI, and will no longer have free Medicare and Medicaid coverage.

Does he have any options? Knowing that Social Security’s goal is to get people off benefits, I’m worried that my son will not be approved for benefits. He has been disabled for 21 years, due to a back injury from an automobile accident.
Can you provide any advice? Thank you so much.

Hi. Your son wouldn't lose Medicare coverage if he chooses not to apply for benefits on your account when you start drawing your benefits, but it sounds like his Supplemental Security Income (SSI) payments would stop. SSI is a needs based benefit, and one of the requirements for eligibility is that you must apply for any other benefits for which you may qualify. So, if your son refuses to file for higher Social Security benefits on your account, then Social Security would stop his SSI payments.

If your son has already been approved for disabled adult child's (DAC) benefits on your husband's account, then he would almost certainly meet the medical requirements to qualify for DAC benefits on your record. In most such cases, Social Security can adopt the prior medical approval in order to establish entitlement on the other parent's record.

I'm not an expert on the Medicaid program, which is administered by the individual states. Many states tie Medicaid eligibility to SSI eligibility, so if your son stops getting SSI he may no longer qualify for Medicaid. He'd still be eligible for Medicare, though, based on his current DAC benefit entitlement. That wouldn't change regardless of whether or not he files for higher DAC benefits on your account. Medicare is not a needs based benefit.

Best, Jerry

Posted: 
May 3 2021 - 10:19am
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