Reply
Esteemed Contributor
Posts: 6,287
Registered: ‎01-24-2013

Re: Having a family member file for disability and declared incompetant++


@151949 wrote:

@Lila Belle wrote:
It would be either SSI or SSDI because he's never worked. I think.
In order to get social security disability you must have worked and paid into SS for 40 quarters. I think you would be applying for SSI.

`````````````````````````````````````````````````````````````

 Yeah I said that.

Honored Contributor
Posts: 20,143
Registered: ‎04-18-2012

Re: Having a family member file for disability and declared incompetant++


@SahmIam wrote:

It looks like I will need to this for one of my children. I am lost when it comes to SSI, disability, the paperwork and the SS office near me is USELESS. I've been to different websites... I think I need professional assistance with the situation.

 

So, is there a specific type of lawyer I should find who can handle this? Specific group that I can contact to give me guidance? He will be living with me for the rest of his life (most likely) and I want to do everything I can to assist him in any way.

 

Thank you for any information. To say this is breaking my heart is an understatement.


Not sure about declaring someone incompetant, AFAIK you have to go to court for that. But SSI, my BFF has a BIL that is on SSI because he has schizophrenia. You should contact the social security admin. The way I understand it, ( I could be wrong) if we are talking about an adult child over 22 they have to either qualify for SSI based on prior work credits or because they are the child of someone collecting social security or have a deceased parent. There are different rules if the person is considered disabled prior to 22. 

Don't Change Your Authenticity for Approval
Honored Contributor
Posts: 13,858
Registered: ‎03-09-2010

Re: Having a family member file for disability and declared incompetant++


@SahmIam wrote:

THANK YOU ALL SO MUCH!!!!!!!!

 

I am overwhelmed at the kindness and information you have all provided.

 

My son was 13 when the incident happened but it would 2 years before we and doctors realized the level of the damage. I went to SS with 2 large binders ( which is now 4 large boxes of medical info) and after being there 6 hours, was informed he qualified for nothing because my household income was too high HOWEVER at 18, it would not be considered.

 

He is now 18 and his condition has become worse;permanent short term memory loss and the medications he takes causes him to be high as a kite. His pain can often leave him unable to speak and he can only sip liquids through a straw. He is in bed 18 hours or so a day. On a good day, he will sleep 11-12 hours. His condition is rare and usually patients commit suicide as the pain simply worsens as time goes by.

 

I don't know what the future holds for him but he looks upon each new day as perhaps his pain will be gone when he wakes up or medical research will discover a cure. There are no programs, no groups for this....we've looked, called and traveled all over the US and overseas. My job now is to get him what he needs and is legally entitled to for as long as he needs it.

 

So much information...thank you. I am truly blessed.

 

 

 

 

 


I am at a loss for words!  Saying I'm so sorry for you and your young son seems so empty.  I can't imagine knowing someone so young is going through such pain is heartbreaking.

 

I hope you get this resolved (disability) quickly, but more than ever, I hope your son is able to be pain-free someday SOON.

Honored Contributor
Posts: 9,139
Registered: ‎04-16-2010

Re: Having a family member file for disability and declared incompetant++

@CouponQueen  SSI

 

I asked the SS employee what individuals do who are born with Downs or an in accident as a child and can never work? How are they supposed to live on SSI?

 

Her response? "I have no idea. I often wonder about that myself."

 

*sigh*

Honored Contributor
Posts: 9,139
Registered: ‎04-16-2010

Re: Having a family member file for disability and declared incompetant++

@jaxs mom Very interesting. He turned 18 a few months ago.

 

Didn't know about the age of 22 info; again, so much to find out and no one tells you this stuff. I've been reading pages and pages on gov't sites and yeah. Headaches galore.

 

Thank you for the info.

Honored Contributor
Posts: 9,139
Registered: ‎04-16-2010

Re: Having a family member file for disability and declared incompetant++

@Lucky Charm  Thank you. From your mouth to Gods' ear. : )

Honored Contributor
Posts: 25,929
Registered: ‎03-09-2010

Re: Having a family member file for disability and declared incompetant++

Why not ask your doctor for a referral to a social worker ? They help people navigate these type things every day.

Respected Contributor
Posts: 4,838
Registered: ‎07-24-2013

Re: Having a family member file for disability and declared incompetant++

Does your county or city have an Office for the Disabled?   Dept. of Health? call and ask if there is an advocate that can help you. 

 

Best of luck !   keep the money in your pocket don't hand it off to a lawyer. the time to look at legal help is if and when your SS application is denied.

Esteemed Contributor
Posts: 5,546
Registered: ‎02-02-2015

Re: Having a family member file for disability and declared incompetant++

I would highly recommend you consult with an attorney.  Look in the areas of employment law, tax law and estate planning.  The reason I mention tax and estate is because you will probably want to set up your estate to best provide for your loved one.  The area of employment law handles disability but there are overlaps with other areas such as estate plannning in many cases.  Your local bar association (state) will help you get started or a simple google search in your area will get you some results.  Good luck. 

Honored Contributor
Posts: 8,107
Registered: ‎03-17-2010

Re: Having a family member file for disability and declared incompetant++

Don't be discouraged if your application is turned down once or twice or more.... keep applying.  I understand that is common practice, why I don't know because I think it's cruel to those who really need it.

 

A lawyer who specializes in SSI/SSD and one who also understands the State you are in is my best advice   These professionals are worth every penny you pay them  Make sure you get a good referral.  Very good luck.....

*~"Never eat more than you can lift......" Miss Piggy~*