Ask a Lawyer Series: Are you on the right benefit program?
By Eva M. Luchini, JD, Law office of Eva M. Luchini, Camas, Washington
In my work as a special needs planning attorney, I draft special needs trusts to benefit individuals on government benefits. So of course, I need to know exactly the benefits being received. When folks come into my office saying they don’t know what benefits they are receiving, just that it is “social security” or “disability” benefits, I need more information. Did you know you can open an account with Social Security on-line at www.ssa.gov and keep track of your benefits?
One thing I see a lot is an adult who receives SSI (Supplemental Security Benefits) and Medicaid, but one of their parents is retired, disabled or deceased. You see, once a parent starts drawing on Social Security retirement or disability, or dies, the Disabled Adult Child can apply for Social Security Disabled Adult Child benefits off of that parent’s work record. (This is also called Social Security Childhood Disability Benefit.) The catch: the Disabled Adult Child’s disability must have begun prior to age 22.
Often times, the parent has a long work record. If the parent is drawing on retirement or disability benefits, the Disabled Adult Child is entitled to a payment equal to 50% of that amount, which is often more than their SSI payment. If the parent is deceased, the Disabled Adult Child is entitled to a payment equal 75% of the parent’s Social Security Retirement draw. Plus, the Disabled Adult Child will also get Medicare on top of their Medicaid.
Does Social Security reach out to let you know you might be eligible for a bump up from SSI to SSDAC (drawing from your retired/disabled/deceased parent’s work record)? No. You have to apply for it. You have to go into Social Security with your parent’s social security number and apply. And what if you haven’t had contact with that parent in a long time. Social Security has ways to find them, so ask for that! If that parent had a long work record, you might end up with a much larger monthly check and the addition of Medicare benefits on top of your Medicaid.
Eva M Luchini, JD
Estate Planning
Special Needs Trusts
Alternatives to Guardianship
Law Office of Eva M. Luchini, PLLC
www.luchinilaw.com
360.817.0007
723 NE 4th Ave.
Camas, WA 98607