Dependency As Compensation Claim?

[Loose Cannon]

Not sure why but ebennies lists a dependency claim I submitted in Aug 2013 as a compensation claim with a forecasted completion date window of Jan-Apr 2014. Is this normal?? I am aware that if approved, I may receive "back compensation pay" but that isn't the motivating factor. I am trying to get my 26 year old stepdaughter who has autism approved so she can be eligible for health care under CHAMPVA. I filed a claim to have the VA designate her a "helpless child" which is what is needed. She has NEVER worked and relies on her mother and me for daily care, etc.

Hopefully, they will approve it soon. Then, we will file for Social Security benefits for her. Any advice?

[Loose Cannon]

Carlie -

Up to the age of 18, my stepdaughter has always had medical coverage since I was on active duty under TRICARE Prime. She is 25 years old now and my wife and I want to get her health insurance that we can afford. Until I retired from active duty in 2004, I had absolutely no knowledge of how the "civilian healthcare" system worked and as you can see, we are still learning! Looking back, I should have requested "exceptional family member" status but did not for fear it could hurt my USMC career...sounds ignorant of me but at the time that was the mentality. Bad on me so cast stones if you must. I should've acted sooner.

Financially we struggled some...but no more or less then any other active duty family. I always looked at SSA benefits as for the elderly or poor and to be honest, I never realized she could be entitled to benefits for being autistic, etc. - THAT is why she isn't currently getting SSA benefits.

We held to the belief/hope that she would be employable and function on her own as a young woman. But she is 25 now and there has been no improvement to the social skills and maturity needed for meaningful employment. The only reason I was waiting for the VA's decision regarding my dependency claim was that I believed it would be a favorable decision and thus, more "proof/evidence" for the SSA to look at when deciding an application for SSA benefits. Remember...I saw how difficult a fight it was for me to finally win my SSDI claim with the SSA so I wasn't going to start another claim without having all the evidence I could get. Hope that makes sense and answers your questions. Please know I greatly respect and welcome any advice you may provide, especially since you have a grandchild who's autistic too.

[Loose Cannon]

What the heck . . . ? ? ?

Our grandson is autistic and has received SSA since he was about 4 years old.

He is 16 years old now.

His SSA is dependent on his parents income.

When they are both employed he doesn't get any monetary benefits but

does continue to get all of his medical benefits.

Why isn't she already getting her SSA benefits ?

Why would you wait on anything relating to VA to file for her SSA benefits.

Today I took your advice to heart...I submitted my autistic stepdaughter's paperwork to Social Security for benefits SHE is eligible for...What a relief to have finally done this. It wasn't too bad since all the compiling of dates, doctors, diagnosis had already been accomplished when submitting her "helpless child" request to the VA.

Ebenefits now says it may be completed in July 2014...yippie! (sarcasm)...11 months for a dependency request is ridiculous. Let's see if Social Security can complete it within the 120 days it says is average.

[free_spirit_etc]

Loose Cannon,

I didn't notice, are you on SSDI? If so, your step-daughter would be a dependent on your case. If you aren't drawing SSDI, then your daughter would be on SSI, which is a needs based program. The rules are very different. The level of disability are the same, but the rules are different.

A disabled child goes on SSI, unless their parent is retired, deceased, or disabled. Up until the age of 18, a portion of the parent's income is "deemed" to the child. So the child might get their check reduced, based on the income of the parents.

After the age of 18, the child is no longer considered based on their parent's income. What you need to watch out for there is that SSI counts in-kind support as income to the child. So if you provide them with food and lodging at no charge, their check is reduced by 1/3. If they pay "rent" or a "fair share" they will draw their full check. There are many other rules.. which I can go into if you have any questions. Your daughter should be eligible for Medicaid if she is on SSI.

If you are on SSDI, then your daughter would be a dependent on your record. She would draw approximately 1/2 of the amount you draw (unless you have other dependents -- then it would be divided). She would also be eligible for medicare after 2 years. It can be advantageous for a child to be on SSI first because some benefits that are based on income will still be available to the child if the only reason they are no longer on SSI is because of receiving SSDI as a dependent. A child who was on SSI first will have more things available than a child that goes directly on SSDI.

Edited November 27, 2013 by free_spirit_etc

[free_spirit_etc]

My son was on SSI from the age of 14. After my husband's death, he started drawing SSDI on my husband's record.

[free_spirit_etc]

Sounds like good advice...thanks! Should we expect either the VA and/or the SSA to schedule an exam for her (similar to a C&P exam) as part of the process? She has solid paperwork documenting the Autism diagnosis but that was several years ago. I submitted everything I had to the VA when the claim was filed (doc visits, school records, statements, etc.) I mean...can't imagine anyone thinking that autism cures itself as time goes on?? Just trying to get all our ducks in line.

They will probably schedule an exam for your daughter. My son was approved within a couple of months. He has been re-evaluated twice since then. They usually re-evaluate at age 18, and I think 22. Both times, the doctor recommended he stay on SSI (at that time).

After one exam my son came out and said they had him do puzzles. I asked how he did and he said he thought he did pretty good. But the doctor followed him out of the room and said he was recommending that my son stay on disability. So I guess he didn't do as well as he thought.

My son wasn't in any "treatment" per se, though he does take medication prescribed by his general practitioner.

[free_spirit_etc]

Ah.. I see in another thread that you did get SSDI. (Congrats by the way on both claims!). So your daughter should be eligible for "auxiliary benefits" on your record. I am thinking that they can go back a year from the time you file the claim to add her. (Just thinking, but not absolutely sure, so check it out...)

Also -- some info here: http://www.child-autism-parent-cafe.com/social-security.html