Skip to main content

Icon faq FAQ

Find answers to frequently asked questions.

Question:
If a child receives SSI, how does the family's income affect his/her benefits?

"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

View
Question:
Can someone who is in prison and not receiving any benefits apply for SSI?

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

View
Question:
What happens when a child receiving SSI reaches the age of 18?

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.

View
Question:
Can a “T” Visa holder who is a nonresident and without a work history in the US apply for SSI benefits? She has severe medical needs.

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.

View
Question:
Can minors/children receive SSI, and is the money given to the legal guardian?
Yes, minors (children under age 18) can receive SSI if they meet the childhood criteria for disability. Whether or not the legal guardian receives the money depends on a few factors. Individuals under age 18 are generally presumed to be incapable of handling their own funds and would need a representative payee, so a legal guardian or other payee service would manage the funds. Children under age 15 are required to have a payee.
 
In some instances a child aged 15-17 may be determined as capable of handling his/her own funds if one of the following conditions exists:
 
  • 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.
 
In addition, if a child is emancipated under state law, he/she is not required to have a payee, unless there are indications to the contrary. More information about determining capability in children can be found here
View
Question:
Are there county jails or correctional facilities that have a quick check list that is used to determine who may or may not qualify for SSI/SSDI?

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

View
Question:
What is considered a medical impairment? (i.e. Global developmental Delay in a child under the age of 5?)

SSA’s definition of disability differs from a solely medical definition in that it encompasses the child’s ability to function as compared with the functional abilities of a child of the same age who does not have impairments.

According to SSA, a medically determinable physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques. A physical or mental impairment must be established by objective medical evidence from an acceptable medical source. 

SSA uses the Listing of Impairments to define the criteria for disability eligibility. The Listings are categorized by body system (i.e., cardiovascular, musculoskeletal, mental disorders). Developmental delays can be found in the following Listing: 112.14 Developmental disorders in infants and toddlers. The Listing can be found here: https://www.ssa.gov/disability/professionals/bluebook/112.00-MentalDisorders-Childhood.htm#112_14

View
Question:
Is there a school records request form?

There is no general form for requesting school records. To obtain school records, contact the specific School District to obtain their request form. 

View
Question:
If the applicant is in jail currently but when released in a few weeks will be homeless, is their living arrangement on SSA-8000 transient or homeless?

His current living arrangement is an institution. However, if by the time you submit the completed application to SSA he will have been released, you can indicate that he is homeless on the SSA-8000. You can always add additional information in the remarks section to explain that his living arrangement is changing.

View
Question:
Would a child with a disability qualify for SSI if their foster parent makes good money?

In short, SSA does not look at the foster parents' income or resources. Once the child goes back home, (even if your agency maintains legal custody), SSA will look at the household income & resources of the parental household.

View