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Mother-In-Care Benefits for a Disabled Adult Child

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  • 04-21-2013, 10:27 AM
    willow26
    Mother-In-Care Benefits for a Disabled Adult Child
    My son gets survivors because his father is deceased. He is 18. He also gets SSI. I continued to get mother-in-care after he turned 16 because the SSA determined he was eligible as a DAC.

    I recently updated his information with SSA in one of their annual reviews. Even though he was not living with me anymore, they continued to give me mother-in-care. I am his legal guardian. At that time, he was staying with friends. He just recently got into housing, and later this year he'll move into college dorms.

    Will I continue to get mother-in-care for my disabled adult son as long as I have legal guardianship and continue to parent him, regardless of his living circumstances? Currently his living situation is listed as no permanent residence (from when he was staying with friends) and I continue to get mother in care. He gets long term care from Medicaid so I don't have a full time job attending to him, but I manage his PCA services and he still requires significant attention from me. I am "on-call" 24/7.

    If I ever became ineligible for mother in care, all the survivors would shift to him, he would get too much for ssi, and our finances would both change. I just need to know if that could ever happen, and under what circumstances could it happen. Thanks

    Mom
  • 04-23-2013, 10:41 PM
    Mr. Knowitall
    Re: Mother-In-Care Benefits for a Disabled Adult Child
    The benefits handbook explains,
    Quote:

    Quoting Section 213 - The "Child in Care" Requirement
    If you are the wife/husband or widow(er) of a covered worker, you may be eligible for benefits at any age if you have a child of the worker in your care. To meet this requirement, the child must be entitled on the same earnings record as the one on which you are making your claim. The child must be under age 16 or disabled. If the child is disabled and over 16, you can be eligible if you are performing personal services for the disabled child.

    Please note that the child may continue to receive benefits until age eighteen, but your entitlement will end when the child turns 16 unless he is disabled.

    The child does not have to be physically in your custody to meet the "in care" requirement. If you are exercising parental control and responsibility over the upbringing of the child, you may still satisfy the requirement. For instance, if the child is away at boarding school, you may still be eligible if you are reviewing his work and providing parental guidance. Note however, that if you are separated from the other parent of the child you cannot meet the "child in care" requirement while the child is in the custody of the other parent.

    A child is considered in your care if he is with you at least one day of the month. If, for instance, the child goes to the other parent on July 15th, and comes back to you on August 15th, you will meet the requirement for both July and August. If the child did not come back until September 15th, however, you would not meet the requirement for the month of August. For any month in which the child is not in your care, you are not entitled to benefits and they are suspended. Once the child returns to your care, the benefits may resume.

    If the child is over age 16, but is disabled, you may still meet the "in care" requirement if you are performing personal services for the child. Personal services include such things as helping the child wash himself, feeding the child, dressing the child, and so forth. Personal services require that you render more services than for a non-disabled child.

    What care are you actually providing, if any?
  • 04-25-2013, 07:31 PM
    willow26
    Re: Mother-In-Care Benefits for a Disabled Adult Child
    I manage his pca services including hiring, firing, scheduling shifts, making sure they are doing their jobs, training and submitting timesheets. I refill his med container every sunday. I refill and pick up his meds from the pharmacy. I shop for some things, like clothes and bus fare tickets, and maintain a shopping list for toiletries and household things for the pca to get. I schedule all the transportation including special needs recreational transportation, medical transportation, and transportation to day program. I maintain an online calendar of all his activities. I sign him up for activities like special olympics. I schedule all doctor and dentist appointments. I make sure he does his homework (he's in 12th grade and will start college in the fall). I make sure he has school supplies. I manage all his money (obviously, as the SSI payee). I would be the one to respond if he is anywhere and has a behavioral issue or an emergency. I bring him food from food banks. Every sunday we have dinner at my mothers and sometimes she provides it and sometimes I bring it, and I help her cook and clean up for all of us. I assisted him with college enrollment, scholarship applications, I attend school meetings like his upcoming 504 meeting, and I will be the one to make sure the college has a copy of the 504 and accommodates him. I will be co-signing the lease so he can move into the dorms, and making sure they accommodate him. I made sure his apartment was furnished, and, with his $, I rented the truck and moved all the stuff in, and will do so again when he moves into the dorms. This is really the tip of the iceberg. There are many things that long term care doesn't cover. Thank you for your help
  • 04-28-2013, 07:53 PM
    T53147
    Re: Mother-In-Care Benefits for a Disabled Adult Child
    With all you claim that you have to do for him that should be well within the capabilities of a college student, I am wondering how he is going to manage his classes or eventually manage a job.

    Even this is certainly something any parent does for even more than one child while working a full time job.
  • 04-30-2013, 08:29 AM
    willow26
    Re: Mother-In-Care Benefits for a Disabled Adult Child
    Thanks, I am a little concerned that since he gets long term care they will argue that "Personal services include such things as helping the child wash himself, feeding the child, dressing the child, and so forth." is all being provided by the PCA's. But in the end I have to make sure of everything and if the PCA drops the ball I have to pick it up. The meds and shopping at a minimum should count as personal services I would think.
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