Question 12

Question: My 18-year-old daughter receives SSI and is still a full-time high school student. She is working to complete her Individualized Education Program (IEP) goals at school in order to ensure a smooth transition to her “adult life.” Social Security recently notified us they must conduct a re-determination of her disability status since she is now 18. I am concerned she might lose SSI eligibility, which would seriously disrupt her planning efforts. Is there anything we can do to delay the re-determination, at least until she finishes school?

Answer: Unfortunately, you can’t delay the medical re-evaluation. However, if your daughter recovers medically or Social Security determines that her disability has ended when they complete the age-18 re-evaluation, she may continue to receive benefits for a period of time. To qualify for these continued benefits, she must be a student between the ages of 18 and 21, and she must be participating in an IEP with an “appropriate provider of services.” Such a provider can include a school that provides employment or vocational rehabilitation services.

Also, under Section 301 of the Social Security Act, both students and adults who are determined to have “recovered medically” may be eligible for continued disability payments for a period of time if they are:
(1) Enrolled with the state VR, Tribal VR, or a private rehabilitation organization, or a Ticket to Work Employment Network; and
(2) They and their rehabilitation provider (above) have a written rehabilitation plan; and
(3) They are following the plan; and
(4) There is increased potential for them to become self-supporting and permanently off the disability rolls if Social Security continues to pay their benefits while they finish the plan.

From Don’t Look for Logic: An Advocate’s Manual for Negotiating the SSI and SSDI Programs, Second Edition, by Marsha Rose Katz. Published by The University of Montana Rural Institute, 2005.

For additional information on applying for SSI and the impact of wages on SSI, email condon@ruralinstitute.umt.edu or brown@ruralinstitute.umt.edu for a copy of Keep the Bucks While you Start Making a Buck.

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