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The Law Office of Jennifer L. Foster, PLLC

mother and son, trees in background
By Jennifer L. Foster, RN, Attorney-At-Law June 17, 2024
Some of the most heartbreaking calls that I receive are from parents with disabled children who are either reaching adulthood or have already become adults. The common concerns are: what happens to my child when I die; who will take care of them; and how will they be able to financially survive? Unfortunately, not every parent has the means to have life insurances, trust provisions, or enough savings in place to take care of that adult child after their death. And while Supplemental Security Income (SSI) may be an option for those disabled adult children, will it be enough? Will Medicaid that comes with an SSI benefit be enough health coverage to take care of their healthcare needs? Most disabled children under the age of 18 are generally only eligible for Supplemental Security Income (SSI) benefits if they meet the guidelines of the means test- financial guidelines that consider assets and income of the household. If SSI benefits continue after the 18th birthday, the adult child should check to see if benefits may be payable on a parent's earnings record. Higher benefits might be payable, and entitlement to Medicare may be possible. Unlike SSI, Disabled Adult Child (DAC) benefits are not subject to the means test, but rather rely on the parent’s work record. Typically, the average adult receiving disability benefits has worked long enough to receive insured status under the Social Security Disability Insurance (SSDI) program. However, an adult who becomes disabled before turning 22 can also qualify for SSDI if he has a parent who meets certain qualifications.
A man with a wrist brace is sitting at a table looking at a clipboard.
By Jennifer L. Foster, RN, Attorney-At-Law June 11, 2024
The Social Security Disability process is often a long and mentally exhausting process. Generally, the process can take a minimum of six to eight months to two years or longer. Because of the appeals process and wait times, most claimants will end up closer to the two year wait before they see a light at the end of the tunnel. What are some things that you can do that would be beneficial to your case? 1. DON’T WAIT TO FILE FOR DISABILITY . I often hear of folks putting it off, because they mistakenly believe that they have to wait a year before they can apply. This is not true. The best time to file is either: When you have to stop working because of your disability. This means that you could file the very next day after you stop work or; When your earned income drops below substantial gainful activity (SGA). There are several factors that are considered when SSA is looking to see if your income is SGA. The most prevailing factor is an actual dollar amount. For 2024, that amount is $1,550 per month for non-blind applicants and $2,590 per month for blind applicants. These figures are gross amounts, not what you actually bring home. When you have significant health problems, many times your income will suffer. Are you taking off of work a lot more, because you are calling in sick? Are you having frequent hospitalizations that are keeping you from working? Did you have to reduce your hours significantly, because of your condition or; If you are not working because of your condition but are drawing accrued employee benefits i.e. vacation pay, sick pay, PTO, personal days, short-term disability, or long-term disability, you need to go ahead and apply.
A man with a broken arm is sitting at a table with a doctor.
By Jennifer L. Foster, RN, Attorney-At-Law June 11, 2024
One of the most trying times that a person will face is a disabling health crisis. Sadly, some of these conditions will make holding down a job impossible. Financial concerns and the disruption of health insurance benefits are often at the forefront of a person’s mind when that individual can no longer work. Social Security disability is designed to help people who can no longer work because of disability. So, what does the Social Security Administration (SSA) consider when trying to determine if a person is disabled? The (SSA) uses a five step process called the Sequential Evaluation. This process is followed in a specific order. The five steps are found in the Social Security Act, the Code of Federal Regulations (CFR 20), and Social Security Rulings (SSRs). What is disability? Disability is the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment that meets the duration requirement. The duration requirement is met if the impairment: can be expected to result in death or has lasted for 12 months or will last for at least 12 months
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