FAQ

"We consider your child’s income and resources when deciding if your child is eligible for SSI. We also consider the income and resources of family members living in the child’s household. These rules apply if your child lives at home. They also apply if he or she is away at school but returns home from time to time and is subject to your control.

If your child’s income and resources, or the income and resources of family members living in the child’s household, are more than the amount allowed, we will deny the child’s application for SSI payments."

Source: https://www.ssa.gov/pubs/EN-05-10026.pdf

Social Security has what they call Pre-release Procedures for individuals who want to apply for SSI while they are still in an institution (jail, prison, state hospital, etc). The general rule is that an individual can apply 30 days prior to their expected release date, although there are exceptions. Some SSA field offices set up informal or formal pre-release agreements with local institutions to extend that time period up to 90 days prior to release. If there is no pre-release agreement currently in place with his institution and that field office, you could speak to the manager at the SSA office and see about setting up an agreement, especially if you are going to be assisting with multiple prerelease applications at this institution. When you submit the application you will need to bring a letter from the institution stating that the applicant is expected to be released on a specific date. SSA has a brief FAQ on the SSI Prerelease Procedure for additional information: http://www.ssa.gov/ssi/spotlights/spot-prerelease.htm

Yes, discharge status does not matter for citizens.

At age 18, young adults who were eligible for SSI as children are evaluated to determine if they qualify for benefits under the adult definition of disability. This redetermination process is essential to many youth who continue to need the support of SSI.

For children, disability is determined by “marked or severe functional limitations,” whereas for adults, disability is measured against the ability to perform substantial gainful activity (SGA), an income level set annually by SSA. Due to this, an age 18 redetermination is considered a new medical decision for eligibility based on adult standards. Using SOAR, we can help youth with this redetermination process by writing a comprehensive Medical Summary Report regarding the applicant’s functioning with respect to performing substantial gainful activity and completing an SSA-1696, Appointment of Representative form.

More information can be found in the article, Age 18 Redetermination.

Yes, she is “potentially” eligible because she is in possession of a non-immigrant T visa. See SSA guidance below which requires “proper certification” of status by the US Dept. of Health and Human Services. You will want to contact the individual’s local SSA field office and bring proper documentation.  See link below for documentation required to prove identity and status.

https://www.ssa.gov/ssi/spotlights/spot-non-citizens.htm

For purposes of SSI eligibility, individuals are not considered qualified aliens if they were admitted to the U.S. under the provisions of the Victims of Trafficking and Violence Protection Act of 2000.  Their eligibility is subject to the proper certification in such status by the U.S. Department of Health and Human Services and possession of a valid "T" non-immigrant visa.  Once the alien obtains proper certification and is in possession of a "T" non-immigrant visa, he or she becomes potentially eligible for SSI.

• The child is entitled to disability benefits based on his/her own earnings.
• The child is on active duty in the armed forces
• The child is living alone and self-supporting
• The child is a parent and filed for his/her own or his/her child’s benefits,  and has experience handling finances
• The child is within 7 months of attaining age 18.
• The child has demonstrated the ability to handle finances, and no qualified payee is available.

Yes, members of the military do pay into the Social Security system and earn work credits during military service. SSA has a great publication about military service and work credits here: https://www.ssa.gov/pubs/EN-05-10017.pdf. 

Yes, see the Criminal Justice version of the "Identifying SOAR Applicants" tool on the SOAR Tools & Worksheets page.

In recent years, DDS has developed the ability to quickly access VA medical records electronically, which should be triggered when you fill out the electronic application (specifically the SSA-3368 Adult Disability Report) and document that the applicant received treatment from the Veterans Health Administration. An electronically signed SSA-827 will also need to be in the file. When SSA transfers the case to DDS and it is noted that the applicant received VHA care, the system automatically sends an electronic request for records to VHA. The full process they use is here, and it's pretty interesting: https://secure.ssa.gov/poms.nsf/lnx/0422505022.

For SSA, the only required release of information is the SSA-827. However, the VA may also require that the Veteran sign a form 10-5345 Request for and Authorization to Release Medical Records and Health Information.

Absolutely, Veterans who receive VA disability benefits may also receive SSA benefits, depending on the amount received from the VA and if they are approved for SSI or SSDI. 

SSI: VA benefits will affect the SSI benefit amount. SSA classifies VA benefits as “unearned income,” since it does not come from paid employment. As such, it will be deducted dollar for dollar from the SSI federal payment amount, after the general exclusion of $20. (All SSI recipients are eligible for this exclusion, where the first $20 of earned or unearned income is not counted against their SSI payment.)

SSDI: Alternatively, SSDI benefits are not affected by unearned income through VA benefits.

Please read more at SSA and VA Disability Benefits: Tips for Veterans.