- November 16, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI LEGALESE DECODER CAN HELP WITH THE SITUATION
Title: Navigating SSI Discontinuation and Overpayment
I. Background
A. Award of SSI for Son
1. Five Years Ago
B. SSI Eligibility Criteria
1. Over 18 and Still in School with IEP
a. Continuation of SSI until Graduation or Age 19
b. Ability to Work without Affecting SSI
II. Current Situation
A. Son’s Recent Transition to Age 18
1. Senior Year in High School
2. Submission of Required Paperwork
a. Assurances from SSA Regarding Continued Payments
3. Receipt of Discontinuation Notice
a. Alleged Missing Information
b. Overpayment Amount of Approximately $3k
4. Financial Challenges
a. Existing Debt and Family Financial Responsibilities
III. Confusion and Concerns
A. Conflicting Information from SSA
1. Disqualification Based on Son’s School Attendance
2. Impacts of Part-Time Employment on SSI
B. Lack of Awareness Regarding Adult Redetermination Process
IV. Seeking Resolution
A. Attempt to Clarify Discrepancies with Local SS Office
1. Verification of Son’s School Status and Employment
B. Misunderstandings about SSI vs. SS Benefits
C. Questioning the Adequacy of Communication Efforts from SSA
V. AI Legalese Decoder Assistance
A. Interpretation of Legal Terminology and Regulations
B. Identification of Errors or Oversights in Paperwork Handling
C. Explanation of SSI Eligibility and Redetermination Processes
D. Guidance on Potential Debt Resolution and Appeals Procedures
By using AI Legalese Decoder, the individual can gain a better understanding of the legal nuances and potential oversights in the SSI case. The decoder can help in deciphering the complex terminology used in the communications from the SSA and provide insights into the specific requirements for SSI eligibility, including the redetermination process. Furthermore, it can offer guidance on challenging the discontinuation decision, addressing the overpayment issue, and seeking an equitable resolution through appropriate channels.
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The person you spoke to is correct. The full-time student continued benefits are only for SSDI benefits, not SSI. ItÔÇÖs confusing, but when your son turned 18 y/o you need to submit a new adult application for SSI and itÔÇÖs a different set of criteria to be deemed disabled (much harder and difficult through the adult criteria). I strongly recommend that you submit an application asap if you/he believe heÔÇÖs disabled as an adult. As a note, school disability criteria is much different than SSA criteria.
This is difficult to parse. First Supplemental Security Income (SSI) and Social Security Benefits are completely different things.
When a child who is collecting SSI, approaches age 18, the Disability Determination Service needs to conduct an age 18 Redetermination. It is similar to a CDR. It appears that wasn’t done. Go to them and get it initiated. If there have been overpayments caused by working (your work, part of which is deemed to be for him, or his work) they can be dealt with later.
You also mention student status (full-time attendance, attainment of age19). That is usually verified when a child is collecting Social Security Benefits on a deceased, disabled or retired parent. Not for SSI. But you don’t mention that in your description. Is it possible that he is eligible that way?
Someone above stated that that was only for someone receiving SSDI. That is false. And your child is certainly not receiving Social Security Disability Benefits. He would have had to establish an earnings record. Not easily done at age 13.
As a child claimant on SSI, your wages and income were counted in calculating his monthly payment as were his wages. If you failed to report wages monthly for both of you (until he turned 18), that is likely what generated the overpayment. If he is approved when you apply for him as an adult, his wages will need to be reported each month. They can collect the overpayment monthly from his future benefits if he approved based on the adult criteria.
I am astonished that after 5 years of being on SSI, you think that is the same as Social Security. You seem to have more confusion about SSI, which is basically a welfare program. Social Security benefits are an earned benefit, paid by FICA taxes on wages.
SSI does have a Student Earned Income Exclusion that can apply if you meet all criteria. Not sure why they was not applied. What evidence of full time attendance did you submit? What evidence of wages did you submit?
And SSI does routine income and resource reviews of all recipients, regardless of age. That is NOT a Continuing Disability Review, so no two CDRs.
Not quite sure what went wrong in this case
You should file the correct paperwork posthaste. Make an appointment with SS for their local office.
The majority of university students work and so can your children. Stop using credit cards to support them and start with the card with the lowest balance and throw every extra penny towards paying it off.
They can earn $35 to $50 a hour privately tutoring in math, stats, reading, etc. They should use “Hooked on Phonics.”
There are jobs all over the campus and they should put tutor info on bulletin boards at university and at the high school and junior high even elementary schools.
Good luck!
Part time job while child in school can be excluded. And it can exclude a lot. Get proof he was enrolled in school at the time he worked and requested student exclusion for ssi.
Could SS wrongly presumed that he will not be continuing in school after the summer break?