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Steps To Apply for SSI For Your Special Needs Young Adult 1/17/2020
You can try it alone, but I recommend speaking with an attorney to make sure any legal hurdles, such as guardianship, trusts and other government red type is reviewed for completeness.
Another major piece of advice is remain patient, but don't assume all the paper work is being handled by the right person. Ask questions, and don't be afraid to call to check the status. As far as paperwork goes,you'll definitely need guardianship and or power of attorney for your son/daughter. You'll need to supply financial information on their behalf, such job info (if necessary),bank account, and any other income they receive. You'll of course need their medical diagnosis (s) including psychological evaluations, and perhaps any transition evaluations provided by their last school. An IEP will sometimes suffice as well. You will need your own financial info, including housing expenses etc. Be sure you document how much expenses your son/daughter cost (monthly) and include a plan to "charge" them room and board. It is critical for the SSA to see all the expenses that your child will need to maintain on a monthly basis so that they give you the full amount they deserve. You will be required to keep good records of their expenses and what the money is spent on, so work on a spreadsheet or some other record keeping software.Your special needs child shouldn't have anymore $2k in assets, so make sure you show he/she is spending the money once he/she starts receiving SSI. We typically show the room and board, therapies, medical expenses, and food which absorbs the majority of the income. A few dollars left over on a monthly basis, can be used for transportation expenses as well. The paperwork you need to supply, the record keeping, and the follow up are all worth the effort to supply your son/daughter that extra income to keep up all the costs for a special needs adult. One warning on the application process, SSI is also for disabled folks who were working and now cannot, therefore you'll find many questions regarding the applicants injury that is now preventing them from working. But your special needs child may have never worked, and the application constantly refers to questions about your injury or circumstances that led to the inability to work for the applicant. Just push through these answers, as redundant as they may be, list your child's disability and keep going. Remember the benefits are paid from the date of initial application. Our process took about 4 months in total.
Applying for Handicap Placard 12/12/2019
Did you know if your child has autism, you can apply him/her for a handicap parking placard? The disability of having severe or limited ability to walk or have to be escorted due to neurological and cognitive impairments can qualify the child. You need to get the form signed by a certified physician. Also, you should be able to download the application online. Check with your own states rules and guidelines.
In our case with our ASD son, it has helped us with his bolting and safety unawareness of social busy places. It does help to park closer to the entrances of stores or public places with heavy traffic.
Applying for a State Identification Card 10/9/19
This card can be obtained at your local DMV office. It is issued by the state and is given to non driving citizens. This card is recommended for disabled individuals to have in case a form of ID is ever needed. It is a photo picture with a number assigned to it. Applying for a card usually cannot be done online, on the phone, or by mail. It must be applied for in person. You will need this ID in some states, for applying for the handicap placard as well. It's great to have for doctors appointment as well. It's also helpful for law enforcement to see proper identification on a disabled person if they are ever stopped or detained for any reason.
To apply for an ID card, you will need to provide proof of the following:
U.S. Citizenship or birth certificate,or if you are not a U.S. Citizen, evidence of lawful presence.
Residency, and Social Security Number.
Check with your state for varying rules and regulations.
Opening a Checking Account 9/19/19
A checking account for a special needs person is important to get as soon as they turn 18. It's called a Rep-Payee Account, a joint account, and it will be managed by a parent/legal guardian. It's good to start them getting ready for some financial responsibility. They can watch and learn as the legal guardian does checks and balances. Also, opening a checking account in their name will be necessary for the SSI check to be directly deposited. You will be asked to bring a state Identification card of the special needs person. They will also need to see his social security card and the legal guardianship document. Make sure you are opening a Rep Payee account and not a savings account. It can be set up for direct deposit from your SSI check. Your special needs person can write a check and sign checks but in our experience our bank prefers the guardian to write the checks.
Legal Guardianship 9/3/19
The time to apply for guardianship for your child is a couple of months before their 18th birthday. We sought out a well reputable attorney that specialized in Special Needs Disability and the process took about 3 months. The court hearing will be a huge realization of this enormous endeavor and responsibility. One that we had hoped we didn't have to make for our special needs child, but life didn't pan out that way. Nonetheless, it was a lot of paperwork.
In addition to the paperwork and the cost of an attorney, you will incur other fees and expenses, so be prepared for those (typically under $100, but just letting you know). Also, the more leg work you can handle on your own, the less hours the attorney will bill you.
Some items that you can have ready before you submit the first petition to the court would be all of the background on your child, such as: the initial diagnosis, a psychological evaluation, birth certificate, IEP (Individual Education Plan), a credit report for you (and your spouse if you will be filing for “Co-guardianship”), and a fingerprint/background check. Every state is a little different on the requirements and the level of background check needed, so you may need to ask the attorney that one. It is a bit surreal to go through such extensive checks to be able to advocate for your child, something you have been doing the last 17.9 years, but unfortunately there are some sad cases out there and the government is attempting to prevent some young adults from being taken advantage of…so just go with it.
Again, every State will be a little different on the forms and wording on the petitions, but in our state, we submitted all the paperwork mentioned above along with an “Oath of Guardianship”, (which is your notarized signature that you will act in the best interest of your child), this made up the “Petition for Appointment of Guardianship”.
Once they court has everything, they also have a court appointed attorney interview your child to make sure they are truly disabled and lack the capacity to watch over themselves. This is the “Affidavit for Determination of Civil Indigent Status”, again, seems like a bit much, but you can understand why the government requires it.
If all the paperwork above looks good, the “Order Approving Initial Plan of Guardianship of an Adult Person” moves on to the next step…the hearing. But before the hearing an initial guardianship status report is required, which is typically a medical update, health insurance info, and basically a statement validating your intentions to continue to care for the needs of your child. Some states also require this report to continue annually or at different intervals.
It seems a bit intimidating at first, but if you are simply a parent looking out for the best interest of your child (now adult child), the Judge will typically see that and make it less scary. Then, if all goes well, you will receive the “Order Appointing Guardianship” (or “Co-Guardianship”). We received that the same day as the hearing, then within a few days/weeks, you get the official “Letter of Guardianship”, which is THE document you show everyone that allows you to make decisions on behalf of your child.
That is a lot to take in, and can vary per state, but it is definitely worth the peace of mind you will have knowing that you, the person caring for your son/daughter their entire lives, can continue to do so legally even when they are an adult!
If you don't have this document by the time they're an adult, you can't make doctor's appointments, dental appointments,etc. Also the doctors won't talk to you either and legally they don't have to. So, make copies of the document and carry it with you in a purse or wallet and also put one in your car.
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Turning 18 (To My Son J)
My sweet child where did all the years go by
how I use to hold you and say Oh My!!
I'm the luckiest person to be your mom
thanks for being my oldest child... number one.
This autism journey is long and hard
but a battle we surely will forge on
because you make life worthwhile and fun.
May you always believe to achieve
and know you are the best
among the rest.
Forget those who doubt you and hurt you
uphold the ones that love you.
Together just you and me
Love mom
A.A ©autism18andbeyond
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Autism Ribbon
The Autism Awareness puzzle pattern that is used
within the Autism community, reflects the
mystery and complexity of Autism.
The different colors represents
the diversity of people and families living with
this disorder. The brightness of this pattern
signals hope, love, and for the promise
to spread understanding and acceptance for all.
