Questions about how to use the forum?

Visit our new Frequently Asked Questions (FAQs) section.

Welcome, Guest. Please login or register.
Did you miss your activation email?

August 07, 2022, 11:20:20 pm

Login with username, password and session length

Recent

Members
Stats
  • Total Posts: 245734
  • Total Topics: 24525
  • Online Today: 222
  • Online Ever: 1127
  • (January 16, 2020, 04:17:02 pm)
Users Online
Users: 0
Guests: 98
Total: 98

You are no longer alone ...

Author Topic: SSI (Child over 18) and VA dependent benefit (helpless child)  (Read 15942 times)

lighthouse

  • ~ Silver ~
  • *
  • Posts: 63
  • People helped 1
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #15 on: November 02, 2016, 10:38:12 pm »
just saw the last post..Thank you Very much!...don't want to appeal anything if it is all correct..and understanding is key. So just so I understand ALL ..here is an Example...SSI is 300.00...Adult child disabled 300.00...if the Adult child goes over ALL limits ..the SSI can only reduce the SSI part..and not the Adult child part..in any given month where the income /resource limit was to high for SSI?

Helper

  • Global Moderator
  • ~ Platinum ~
  • ****
  • Posts: 4527
  • People helped 585
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #16 on: November 02, 2016, 10:45:13 pm »
Correct.  Say for example the child had 1 Billion dollars in the bank.  He would be over the asset limit for SSI.  But he could still continue to receive SSDI DAC benefits, as long as he continued to meet the medical requirements.

Income & assets do not matter for SSDI or SSDI DAC benefits.
Moderator

lighthouse

  • ~ Silver ~
  • *
  • Posts: 63
  • People helped 1
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #17 on: November 02, 2016, 10:48:50 pm »
Thank you!..I do hope in the future if anyone is looking for an answer to a question like I had ..that they find it here..!...You all are very informative..again understanding is key and less stress in the end. Better to know and understand why than to be in the dark and feel alone with questions unanswered.

jsm

  • ~ Platinum ~
  • *
  • Posts: 3162
  • People helped 761
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #18 on: November 03, 2016, 12:34:44 am »
SSI can and does change every month for some people. And yes, SSI can stop ANY month that the recipient is over the $2000 resource limit.

Did you read my post that gave you the official policy for augmented VA benefits? The SSI law says the dependent portion IS income to the dependent even if the veteran is receiving it. Doesn't matter what the VA policy is. The VA policy does not determine SSI payments. Just like IRS law and SSI law are not the same.

lighthouse

  • ~ Silver ~
  • *
  • Posts: 63
  • People helped 1
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #19 on: November 03, 2016, 09:07:01 pm »
Yes..And thank you all for the better understanding.

lighthouse

  • ~ Silver ~
  • *
  • Posts: 63
  • People helped 1
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #20 on: November 03, 2016, 09:27:06 pm »
Since this is still and SSI question thought I would ask again with my other questions that were answered. the disabled veteran makes a little over 900.00 a month on SSDI...and the Adult child pay is a little over 300.00 a month..(just like when the child was under 18 and only on the Auxiliary benefit )..What I'm asking is ..I thought it was Half of the SSDI payment (that the disabled parent made..),,and 300 and something does not seem to be half of 900.00...I figure it is correct because it is how the SSA has done this..but I hear of folks saying it is Half and I read online about it being Half?..does 300.00 dollars sound right from 900.00 (is the disabled Adult child making the right amount )..How do they figure this pay anyway...?..

lighthouse

  • ~ Silver ~
  • *
  • Posts: 63
  • People helped 1
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #21 on: November 03, 2016, 09:44:53 pm »
Looking around and it looks to be "Benefits to family members may be limited by a family maximum benefit." along with The amount of the auxiliary benefits your dependents may receive is directly related to the amount you are entitled to receive based on taxes you formerly paid into the SSA while employed. so that is why it is not half..shoot some may be on SSDI and not be able to even have auxiliary benefit..or adult child disabled..since they both are the same as far as pay..if I'm reading this right!

Helper

  • Global Moderator
  • ~ Platinum ~
  • ****
  • Posts: 4527
  • People helped 585
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #22 on: November 03, 2016, 10:31:25 pm »
Looking around and it looks to be "Benefits to family members may be limited by a family maximum benefit." along with The amount of the auxiliary benefits your dependents may receive is directly related to the amount you are entitled to receive based on taxes you formerly paid into the SSA while employed. so that is why it is not half..shoot some may be on SSDI and not be able to even have auxiliary benefit..or adult child disabled..since they both are the same as far as pay..if I'm reading this right!

It is typically 50% for dependent benefits but it can be less, like in this child's case.

 SSDI family maximum is 85% of the pre-disability Average Indexed Monthly Earnings (AIME).

In 2016, the first $885 of your AIME is paid out at 90%. The amount between $885 & $5336 is paid out at 32%.  And the amount over $5336 is only paid out at 15%. 

Therefore, while some with a higher AIME has a higher payment they have a smaller percentage of their AIME replaced than a lower income earner.

But because you are limited to 85% of the AIME, when your AIME is low & most of your benefit is based on you getting 90% of the first $885....there is not much money left for dependent  benefits when the total amount you are allowed to receive is 85% of the AIME.  There are some people with a low enough AIME that there are no dependent benefits at all.

https://www.ssa.gov/oact/cola/bendpoints.html

https://www.ssa.gov/oact/cola/piaformula.html
Moderator

lighthouse

  • ~ Silver ~
  • *
  • Posts: 63
  • People helped 1
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #23 on: November 03, 2016, 11:04:47 pm »
Wow so informative..thank you!

lighthouse

  • ~ Silver ~
  • *
  • Posts: 63
  • People helped 1
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #24 on: November 04, 2016, 08:29:37 pm »
Looking around trying to post a new topic and could not find it..or how I did it the first time!...So posting back here...Well already its time for a non-medical review..they request nothing stating its a phone interview..To call them between 9-12 ...I read on a post that  they will SSA takes the total rent, total utilities, & total food expenses & divides it by the number if people living there to figure out your fair share...ok so it is 4 people...mortagage is 1200.00 ..he pays 300.00..food is 150.00?..is that to low?..or should it be more like 194.00?  ..Utilities were never mentioned..he should pay 100 in utilities? I thought if he payed his fair share in the mortgage and food alone he would be good..Im sure it was stated as 150.00 for food and 300.00 for Mortgage and got approved..In the phone interview can we ask what they have on file??????.....for a family of four..how much food does one need to pay and utilites???..And the person who is the payee and the child is over 18..how does he show proof?...just writes a check to himself??...He just takes it all for food and shelter..(the money is never given to him but used for food and shelter)....the remaining is daily care..clothes..personal items..even a toy..or book..is that is ok?..or they just want to know the fair share of food and shelter..AND utilities?..getting very confused about one simple phone call coming up...and the SSI part is a little over 300.00 and so is the adult child disabled part..if that matters any..thanks for reading all this..


lighthouse

  • ~ Silver ~
  • *
  • Posts: 63
  • People helped 1
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #25 on: November 04, 2016, 09:28:28 pm »
easy to get confused about SSI..as I fully am trying to understand it..but have read other posts and now finally understanding more.

lighthouse

  • ~ Silver ~
  • *
  • Posts: 63
  • People helped 1
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #26 on: November 07, 2016, 08:50:05 pm »
Since my question has been answered about the VA dependent benefit being income to my son..would this be called "unearned income"..even thou the letter stated it was income to him. They did take the portion out recently..and we are not appealing it as we understand why. Question on this ...depending on what they call it unearned or just income??...IF my son uses this for clothing allowance each month..or another expense ..can they still deduct it?...Example..lets say he was not going to get SSI well he still would have had to pay for his share (and they knew it with a bona-fide loan agreement ) in the beginning..and yes he would have used his VA dependent part (even thou it is and was the veterans income in our mind at the time) even the VA letter stated it.).But now with SSI they are deducting it..CA we turn it around legally and get the income back if he uses it for his expenses ??..such as clothing?

Helper

  • Global Moderator
  • ~ Platinum ~
  • ****
  • Posts: 4527
  • People helped 585
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #27 on: November 07, 2016, 09:09:22 pm »
Since my question has been answered about the VA dependent benefit being income to my son..would this be called "unearned income"..even thou the letter stated it was income to him. They did take the portion out recently..and we are not appealing it as we understand why. Question on this ...depending on what they call it unearned or just income??...IF my son uses this for clothing allowance each month..or another expense ..can they still deduct it?...Example..lets say he was not going to get SSI well he still would have had to pay for his share (and they knew it with a bona-fide loan agreement ) in the beginning..and yes he would have used his VA dependent part (even thou it is and was the veterans income in our mind at the time) even the VA letter stated it.).But now with SSI they are deducting it..CA we turn it around legally and get the income back if he uses it for his expenses ??..such as clothing?

The VA dependent benefit is unearned income.  Earned income is income from working.  SSI considers income as earned income or unearned income - but just income is not a categorization they use.

Is he getting a 1/3rd reduction in his SSI for not paying rent/living expenses?  Or is he receiving the full amount if SSI he can receive based on his other income (VA dependent benefit & SSDI DAC)?

If he is getting a 1/3rd reduction in his SSI for not paying his share of rent/living expenses, then he can get the 1/3rd back by starting to pay his share & reporting it to SSA.

However, SSA will still count the VA dependent benefits as his income regardless of how it us spent.

« Last Edit: November 07, 2016, 09:11:18 pm by Helper »
Moderator

lighthouse

  • ~ Silver ~
  • *
  • Posts: 63
  • People helped 1
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #28 on: November 07, 2016, 10:45:16 pm »
He was getting the full amount 733.00 and than the reduction of the VA dependent part (because it is income) ..and no matter what that has to be deducted ..(not sure why since he would not go over that amount of 733.00 when included. and if he showed the unearned income was being used for a need like clothes..they still would deduct..(not sure why)...now what was stated in the beginning from SSA was that he would get 753.00 if the Adult child disabled part came into play..but that has not happened..as far as the extra 20.00 a month backpay or addition..(something to ask about probably)..but the VA deduction came this month.      Does any one else get an extra 20.00? because it is a current benefit?...   And if you don't mind explaining the reason as to why the Va dependent part cannot be used as an expense for need since it is his income..(according to them)..thank you!

lighthouse

  • ~ Silver ~
  • *
  • Posts: 63
  • People helped 1
Re: SSI (Child over 18) and VA dependent benefit (helpless child)
« Reply #29 on: November 07, 2016, 10:59:37 pm »
SSI considers income as earned income or unearned income - "...with that said ..Yes they have taken in account his Adult child disabled part..making it an "offset" to how much SSI has to pay... to make the total the full amount ...(with Va reduction )..So to my understanding The SSDI that is earned income..cannot be lowered..only the SSI part....so lets say if one day he does not pay his fair share..and says forget this SSI  (B.S).  not worth the trouble ..They cant lower his Adult child disabled part correct?..only the SSI part//they can never lower it past his SSDI part..(is what I have been told so far..) making sure that is correct?...