Sep 15, 2017

If you are new to the "disabled adult child" situation ... [Part I]

This is written for parents who have a severely disabled child who is no longer a child. If you are new to this country, or new to seeking government assistance for your disabled adult child (I'll shorthand it as DAC), this is a somewhat concise list of things you need to know about, things you need to do and be aware of. All this applies only if your DAC is a US citizen.

There are 2 absolutely critical items to be done as soon as possible:

  1.  you must apply on behalf of your DAC for Medicaid coverage; and
  2.  you must make a will that provides for a Special Needs Trust in case something happens to you.
Eligibility for Medicaid is a prerequisite for just about every government-based assistance in the state of NJ (as well as in many other states), including day programs, respite programs, transportation, long term living facilities, etc. Even if you DAC has a private medical insurance, you still need your DAC to get Medicaid.

Medicaid  

ssa.gov is the government's site for Social Security Administration, which oversees Social Security, Medicare, Medicaid and a bunch of other programs. It is huge website and can be very confusing. 
One especially confusing part is the distinction between SSA's Disability Benefits and SSA's SSI benefits. SSA's Disability Benefits only apply to a person who has worked a part of their life and at some point became disabled. If your DAC is disabled but has not worked at all in their life, you cannot apply for him under the SSA's Disability program. Instead, if they are over 18 and have under $2000 in total, you can apply for SSA's SSI benefits. Information on SSI benefits and application process for disabled adults/children is at https://www.ssa.gov/disabilityssi/ssi.html

If your DAC has never applied for SSI, you can fill the application online. Otherwise, you need to schedule an appointment in your local SSA office.  You can find your local office based on your zip code at https://secure.ssa.gov/ICON/main.jsp.  If you live in Mercer County, NJ, the local office is at 
Essentially, your application for SSI is also your application for Medicaid.

Will and Special Needs Trust


If your DAC becomes eligible for SSI/Medicaid, you want to make absolutely sure that he/she never loses that eligibility.  If they ever end up with more than $2000 in their name, they can lose this eligibility. So, you need to make a will that puts any money or other assets you leave behind in a Special Needs Trust (SNT). SNT can contain money to be used for their benefit but does not endanger their Medicaid eligibility. SNT is best set up by a lawyer that specializes in such trusts. (I'm not affiliated with them in any way, but in Central NJ, lots of people use Hinkle, Fingles, Prior & Fischer  http://hinkle1.com/