QUESTION
My son is 20 & Autistic should I apply for SSI OR Disability Soc Sec
Asked on Feb 02nd, 2020 on Social Security Disability - Indiana
More details to this question:
W e have been turned down several times because we make too much money (by 200$/yr) or that he is an only child or that he is not Autistic enough! He can't hold down an 8 hour job! He cannot make eye contact! He cannot follow directions! You have to show him how to do something! He cannot drive!!! Please help us to help him!
2 ANSWERS
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If you have medical documentation to support your son's diagnosis, we would strongly suggest that you apply for either SSDI or SSI. Depending on his work history, credits etc will determine if he meets the standard for work credentials.
Feel free to call our office at 855-254-7841 with any additional questions.
Answered on Feb 07th, 2020 at 11:07 AM
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If you have medical evidence that your son was disabled before and after 18, before he is 22 you can apply for SSHI based on a parent's work record. If approved, he will receive SSI until you a parent becomes disabled, retires or dies. When the parent becomes disabled or retires, he will receive the equivalent of 50% of the parent's retirement benefit (The parent will still receive the parent's Social Security retirement benefit.) When the parent dies, he will receive the equivalent of 75%.
Now that he is over 18, your income will not count in determining eligibility. However, if he lives with you, his SSI benefit may be reduced by about 1/3rd due to the in kind support and maintenance (food and shelter) which you provide.
The key to succeeding in applying for benefits is promptness, politeness and persistence. If he is denied as an adult, you may need to ask for reconsideration and then for redetermination and then appeal to an administrative law judge.
Answered on Feb 03rd, 2020 at 5:10 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.