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Author Topic: SSI (Child over 18) and VA dependent benefit (helpless child)  (Read 15943 times)

lighthouse

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SSI (Child over 18) and VA dependent benefit (helpless child)
« on: October 29, 2016, 09:31:39 pm »
SSI is stating they can deem the VA dependent part . Department of Veterans Affairs sent a fax to them stating the Veteran is the beneficiary and the dependent receives no value benefits and no monetary assistance. But SSI is saying because the dependent lives with the Veteran they can deem this as "income" . the SSA rules on deeming income states "Child turns 18. Deeming stops the month after the child turns 18. After that, the child’s own income is used to determine eligibility for SSI.  So my question is ..Can they do this legally?  The Child is over 18 and no longer under the parents income. (according to SSA rules) 

Just Me

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Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #1 on: October 29, 2016, 09:39:52 pm »
Once the child turns 18, the parents income doesn't count because they are viewed as an adult. Does the child receive any money from the parent ? If the child receives any money from the parent, it is considered income for the purposes of SSI.

If the child doesn't pay their share of the living expenses, if approved the monthly SSI benefits would be reduced by one third.
« Last Edit: October 29, 2016, 09:42:58 pm by Just Me »
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

Hope the size of a mustard seed can produce Faith that can move mountains.

lighthouse

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Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #2 on: October 29, 2016, 10:14:48 pm »
That  is true the child is an adult and payes there share of food and shelter and gets the full amount of 733.00 ..BUT the dependent part is going to be taken out next month because the Dependent lives with the Veteran. They are doing this ..SSI says they can because of there rules..BUT there rules are if the child is over 18 the parents income does not count..even the VA faxed them that it is the Veterans income..I see where they are reading there rules about the Dependent living with the Veteran...same thing as (parent living with child)..they are taking the Veteran income even thou the Child is over 18 ..can they legally do this?   here is the rules on this...https://secure.ssa.gov/poms.nsf/lnx/0500830314

lighthouse

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Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #3 on: October 29, 2016, 10:19:43 pm »
I meant they the SSI are going to take the "Dependent" part that the Veteran gets..even thou the Child is over 18 and not on the parents income..how do you fight that?..when the Department of Veterans affairs already gave them an official fax ...stating what I stated above..and they are still going to reduce the SSI pay of the child over 18

lighthouse

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Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #4 on: October 29, 2016, 10:23:08 pm »
Besides the "local " security office ..is there a number to call..who actually can look into what THEY do? in other words do THEY have a boss?

lighthouse

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Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #5 on: October 29, 2016, 10:39:23 pm »
ok I just got an answer...SSI is considered under the welfare category where VA/SSDI are not ..due to it being welfare catergory..any and all income in the household (anyone living at the same address location ) will be considered /deemed no matter what the age of the person is and not matter what the income is. this is the same for any state level welfare such as food stamps, Medicaid..etc..Well this is probably correct and why they can do this. unless someone knows different.

Different Perspective

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Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #6 on: October 29, 2016, 11:32:27 pm »
Oops ll.

Helper

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Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #7 on: October 30, 2016, 04:22:31 am »
https://www.ssa.gov/planners/disability/dqualify10.html

Once one of the parents starts receiving SSA benefits   (disability or retirement) or passes away, then the child will switch to Dependent Adult Child (DAC) from SSA (as long as the disability started before age 22).  There is no deeming for DAC benefits.
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Just Me

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Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #8 on: October 30, 2016, 02:12:34 pm »
Is the parent receiving SSDI ? If they are, as  Helper stated, the child is eligible for DAC Benefits. Income, resources and living expenses are not counted for DAC. DAC also receives Medicare.

SSI is a welfare program. For SSI, once a child turns 18, they are considered an adult. The income of others in the home Does Not Count, unless the person receiving SSI is married to the person receiving the income.

Does the parent receiving VA Benefits, give the child any money or pay for things the child needs ? Does the child receive food stampe ? Does SSA have proof the child is paying their share of the living expenses. Does the amount of living expenses the child pays equal the total amount paid for rent, utilities and food divided by the number of people that live in the home ?

The child or Representative Payee can appeal the decision, if it is within 30 days. The child or Representative Payee can go into the SSA office or call and ask to speak to a Supervisor.
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

Hope the size of a mustard seed can produce Faith that can move mountains.

jsm

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Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #9 on: October 30, 2016, 04:29:16 pm »
Augmented VA. Another obscure provision in SSI.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0500830314

C. Policy for augmented VA benefits

1. Apportioned benefit

A portion of a VA benefit paid directly by the VA by apportionment to a dependent spouse, child, or parent (see SI 00830.314B.2.) is VA income to the dependent spouse, child, or parent. It is not a support payment from the beneficiary.

2. Beneficiary's portion

The beneficiary's portion is VA income to the beneficiary.

3. Dependent's portion

The dependent's portion is VA income to the dependent, provided the dependent resides with the beneficiary. The dependent's portion is not a support payment from the beneficiary.


The link above also gives definitions of all the terms. Is this over 18 year old child/adult in school or not? Does the VA know?

lighthouse

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Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #10 on: November 02, 2016, 09:59:17 pm »
The child collects a concurrent benefit ..the child is over 18. the child is not in school. they have taken the VA dependent part. Because the Veteran is living with the Dependent ..Va considers them a helpless child and therefore gives the Veteran an augmented benefit. SSI says because the Dependent is living with the Veteran that augumented benefit is the dependents pay..The department of Veterans affairs stated it is not the Dependents but the Veterans compensation.

lighthouse

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Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #11 on: November 02, 2016, 10:05:04 pm »
don't know if we should appeal this based on the Department of Veterans affairs letter..or not..even when the chld is over 18 in SSI rules..they still will go and deduct pay from the Veteran...I have another question....since the adult child receiving concurrent from SSDI and SSI...if they go over the amount set on SSI..can they Take all the pay to O..or only the SSI part.?....cant find that answer anywhere...SSI part is so confusing.

lighthouse

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Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #12 on: November 02, 2016, 10:16:49 pm »
SSI can be a nightmare when you don't understand all the rules..even in a concurrent benefit it looks like they are under SSI rules only..and may be able to pull every cent from even the adult child disabled part if you go over the limits???........unfortunately the Veteran did not make enough work credits to have the child just on adult child disabled..and therefore needs to be on SSI to raise it to the poverty level.so the Adult child can somewhat live  monthly on need based.

Helper

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Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #13 on: November 02, 2016, 10:18:25 pm »
don't know if we should appeal this based on the Department of Veterans affairs letter..or not..even when the chld is over 18 in SSI rules..they still will go and deduct pay from the Veteran...I have another question....since the adult child receiving concurrent from SSDI and SSI...if they go over the amount set on SSI..can they Take all the pay to O..or only the SSI part.?....cant find that answer anywhere...SSI part is so confusing.

This is not worth appealing to SSI because it is in the SSI rules.  The person who handled the claim followed the rules as they are laid out & an appeal will not change the rule or the decision. 

If the child is receiving SSI & SSDI DAC, only the SSI will be affected by the VA payment.  SSDI DAC has no income limits (for non-work related income) or asset limits & will not be reduced due to the VA payment.
« Last Edit: November 02, 2016, 10:20:02 pm by Helper »
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lighthouse

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Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #14 on: November 02, 2016, 10:33:02 pm »
thank you all for your responses.