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Disabled Adult

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candg918

Member
What is the name of your state?OK

I have a another problem. (Note first part narative you can skip to ???)

I have a 28 year old son who is both mentally ill and learning disabled. He qualified for voc rehab based on his learning disability and special ed in school. Vocational rehab assisted him in obtaining a job about 6 years ago which he lost during a severe depressed episode (requiring in-patient hospitalization). He has been unable to work since. He has been in therapy - including intensive outpatient - off and on since that hospitalization (his 3rd - the others were short term within 2 weeks of each other during his late teens). At the time, he was denied for SSDI, and we never appealed hoping that therapy and medication would return him to the workforce. We have been supporting him since as a disabled dependent child for tax purposes. We are getting ready to retire due to health and age and will no longer have the income to support him.

His therapist now says that it is unlikely that he will be able to function enough to support himself in other than a very structured environment - such as a sheltered workshop and that we should apply for SS and voc rehab. Both of these will qualify him for job training and other services now closed to him. I believe that with someone to handle the business affairs, he could work on a contract basis during his manic states, but do not know how to handle this.

??? He no longer qualifies for SSDI because of is age/work credits on a new application. Will it count that he previously was denied when he did have enought work credits based on age if we apply for SSDI? His doctor indicates that he should qualify for SSI based on his level of disability. Can SSDI declare him disabled but not eligible for benefits?

??? We currently have his car jointly registered with us so that he cannot sell it. Do we need to transfer the title to his name alone for SSI? If so, how can we register it so that he cannot sell it without permission?

??? He has an IRA which I believe he must use up before qualifying for SSI. The holder tells me that they must have a SS disability determination or he will have to pay the penalty but he cannot get the SSI disability determination because he has the IRA. They would not honor a letter from his doctor stating he is disabled. Any suggestions on how to handle this?

??? Do we need to go about getting a guardianship or some other status that would allow us to have more control over his medical treatment and would permit his doctors to communicate with us given HIPPA? We already have durable POA. I do not think he would meet the court requirements of incompetence. He probably would voluntarily sign guardianship papers.

PLEASE, post any helpful site links for this situation!

Many thanks!
 


BL

Senior Member
candg918 said:
What is the name of your state?OK

I have a another problem. (Note first part narative you can skip to ???)

I have a 28 year old son who is both mentally ill and learning disabled. He qualified for voc rehab based on his learning disability and special ed in school. Vocational rehab assisted him in obtaining a job about 6 years ago which he lost during a severe depressed episode (requiring in-patient hospitalization). He has been unable to work since. He has been in therapy - including intensive outpatient - off and on since that hospitalization (his 3rd - the others were short term within 2 weeks of each other during his late teens). At the time, he was denied for SSDI, and we never appealed hoping that therapy and medication would return him to the workforce. We have been supporting him since as a disabled dependent child for tax purposes. We are getting ready to retire due to health and age and will no longer have the income to support him.

His therapist now says that it is unlikely that he will be able to function enough to support himself in other than a very structured environment - such as a sheltered workshop and that we should apply for SS and voc rehab. Both of these will qualify him for job training and other services now closed to him. I believe that with someone to handle the business affairs, he could work on a contract basis during his manic states, but do not know how to handle this.

??? He no longer qualifies for SSDI because of is age/work credits on a new application. Will it count that he previously was denied when he did have enought work credits based on age if we apply for SSDI? His doctor indicates that he should qualify for SSI based on his level of disability. Can SSDI declare him disabled but not eligible for benefits?

??? We currently have his car jointly registered with us so that he cannot sell it. Do we need to transfer the title to his name alone for SSI? If so, how can we register it so that he cannot sell it without permission?

??? He has an IRA which I believe he must use up before qualifying for SSI. The holder tells me that they must have a SS disability determination or he will have to pay the penalty but he cannot get the SSI disability determination because he has the IRA. They would not honor a letter from his doctor stating he is disabled. Any suggestions on how to handle this?

??? Do we need to go about getting a guardianship or some other status that would allow us to have more control over his medical treatment and would permit his doctors to communicate with us given HIPPA? We already have durable POA. I do not think he would meet the court requirements of incompetence. He probably would voluntarily sign guardianship papers.

PLEASE, post any helpful site links for this situation!

Many thanks!

If nothing else , you should take all your documentation , and call a local SSI Attorney for a free consult .
 

candg918

Member
Do you mean someone who specializes in SSDI cases? The ones in my area don't mention SSI only SSDI. Would an elder law specialist be the proper specialization? I mention this as I need to protect him from himself in addition to dealing with SS.

Thanks.
 

BL

Senior Member
Up top . Find a Lawyer . SSI/disability . See if one is in your area .

If you think the son needs adult protective services , call your local welfare , Human Services , or what ever it's called in your area .

Don't try to screw the system though , it won't work , there are cross checks everywhere .
 
F

fireboat1

Guest
One of the strict requirements to apply for SSDI is 20 of an applicants work credits HAD to have been earned in the last 10 yrs.Does he meet that rule. If not,he will not be eligible to apply for SSDI.SSI ,gets tricky.Assets come in to play.You mention a car.There is a limit as to the value.Since SSI is a needs based program,if someone has a nice car(I believe $4ooo orabove)it can hurt him.Perhaps the fact your name is on it as well may be helpful. I would hold off on placing it soley in sons name.As suggested earlier,you need to speak to an informative SSI represenative for your best advice.
 

candg918

Member
We certainly are not trying to take advantage of the system. We have supported him completely for the last 6 years. His only assets are a 10 year old car, 30 year old furniture from his late grandparents, and his IRA from when he had jobs when in college and his only "real" job. He really cannot afford the penalty for taking out his IRA when it is waived on the basis of disability which he most certainly has but needs a specific determination from SSDI to meet the IRA holder's definition. I don't really understand how that can possibly work since obtaining SSDI takes years in many /most cases.

It is really hard for me to even pursue this because it means that there is no hope for improvement; if anything, the doctor who recommended that we apply for one of the SS programs finds the situation more hopeless now than when he first saw my son 5 years ago.

SSDI has an increasing work requirement based on age. When he first applied and was denied, he met the requirement but no longer does if the first application is not factored into the equation.

His car is jointly owned so that he could not sell it and because that was the way our insurance company would guaranty that he would be covered driving one of the other family cars. I am afraid if It is in his name alone some girl will end up with it ; he is very gullible - no make that downright stupid - when it comes to judging the character of people.

I have tried on several occasions to get protective and restraining orders against people taking advantage of him financially without any luck. They will not help because it is not violent - even though he has been the victim of other types of abuse - and because he is not elderly. People live with him without paying rent, eat most of the food I buy for him, and things that I know I have bought for him are missing. I cannot even get his current roommate to pay his share of the bills. Since the bills are all in our son's name, I end up paying them all. Son has great credit rating since I have kept his bills paid while his roommates cannot get the utilities turned on based on their credit ratings. I have fraud alerts on all credit reports to protect him that way - I hope.

For several years I could not get him re-enrolled for voc rehab because funding had closed openings for clients in his situation. I think SSDI and SSI puts him in a different category that has a higher priority for voc rehab training programs.

Thank you for your suggestions. I do know a good SSDI attorney and will see if he handles SSI as well since I doubt that my son will qualify for SSDI based on his work record now. I should have kept appealing that first denial :mad:
 

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