Adoption and SSI / Medicaid

[maybe42]

What is the name of your state (only U.S. law)? Colorado

I'm in the process of adopting a baby that was recently diagnosed with very rare and incurable/non-treatable heart disease. The medical team believes the baby will need a new heart within the next few years. I've been with the baby since she was born, but she is now over 1 year old and the adoption is still not finalized. The social worker can't figure out what to do in this situation, and made mistakes attempting to apply for SSI. Would my baby be eligible for dormant SSI and Medicaid based on the birth parents' income (my income is too high).

I want to make sure that I do everything possible for her (and would like to finalize this adoption ASAP), and make sure she is protected as much as possible. This is a single parent adoption, so the Medicaid insurance would really be needed if I lost my job, or if I died.

 

[ilokguardian]

We are guardians of a child who receives SSI, and we have looked into adopting him. What I have learned is that, once you adopt, SSI qualification will be based on *your* income. If you make too much, he will not qualify for SSI. However, we were told by a family law attorney that, in some states, if you adopt a child with a disability (even if it is not out of the foster care system) you may qualify from some money from the state (either a one time payment, or a continuing subsidy, or access to Medicaid that you wouldn't otherwise qualify for). Honestly, I am a little skeptical that this is true, but it is what our attorney said. So I would suggest you speak with an attorney who is very familiar with adoption in your state. Our attorney did say that is was very important to follow some specific procedure in order to not become disqualified for the subsidy.

Good luck!

 

[ecmst12]

I know that many states have provisions for Medicaid coverage for children with severe health problems either regardless of the parents' income or with a greater maximum. It would be a secondary to your employer's insurance and cover any deductibles or copays, which can add up really fast for something like a heart transplant.

 

[ecmst12]

CO doesn't make the info easy to find though.

http://www.familyvoicesco.org/forms/MedicaidFAQ.doc

2. Is Medicaid just for low-income individuals?
No. If a person or family qualifies for Supplemental Security Income (SSI), they are eligible for Medicaid. There are Medicaid Home and Community Based Services (HCBS) Waivers to assist people who would not otherwise be financially eligible for Medicaid services, but due to the extensiveness of their health care condition and/or disability, their income is not considered. Children’s waivers “waive” the family income so a child with a disability (and no real assets of their own) can get Medicaid services. Children with severe developmental, physical and/or emotional disabilities may be eligible for a Medicaid waiver program. Specifically, children who would qualify for nursing home or hospital level of care might be eligible for home and community-based services. Some waivers have waiting lists. A Medicaid Waiver comparison chart is available by calling 1-800-221-3943 or in the Metro Denver area call 303-839-2120.

 

[ecmst12]

Even better: http://www.colorado.gov/cs/Satellite/HCPF/HCPF/1213781362679

I'm not sure if you would qualify, but the info on how to apply is there. Are you currently the child's foster parent?

 

[maybe42]

I have physical custody, but not legal custody since the adoption is not finalized. I am not a foster parent - this was supposed to be a "regular" newborn adoption. I know that I will not qualify for SSI, but in Colorado I can get dormant SSI (no payments) that will allow for Medicaid. I am getting an attorney that specializes in SSI.

My finalization attorney had told me about this, but the social worker decided she could apply - big mistake. I feel like such a fool, because I trusted her. The application was denied over 6 months ago, but she had no clue and didn't know what to do to find out the status (I finally called and got the bad news). I also discovered that you are supposed to check on the application each month; the social worker did not check on the status. I still don't know why it was denied, but I had Social Security resend the denial letter to the adoption agency (I hope they don't lose it again).

Thanks for the links - I will check them out.