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How to help my 40-year-old brother with developmental disability qualify for SSI when he's never worked

My brother has a developmental disability and has always lived with our parents who provided total financial support. He's 40 now, and we need to figure out how to get him SSI benefits since he's never been able to work. Our parents are in their 70s and their health is declining rapidly - we're worried about his healthcare coverage and future financial stability when they can no longer care for him. The SSA website is confusing me... does he qualify for SSI even though he's never contributed to Social Security? What documentation will we need for his disability? And will the fact that he's lived with our parents (who own their home) impact his eligibility? I've tried calling the SSA office three times but keep getting disconnected after waiting for hours. Any advice from someone who's navigated this before would be SO appreciated.

Melina Haruko

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Yes, he absolutely can qualify for SSI! SSI is specifically designed for disabled adults who haven't worked enough to qualify for SSDI. Since your brother has a developmental disability that prevents him from working, he meets that requirement. The key factors will be: 1. Medical documentation of his disability 2. His income and resource limits (SSI has strict asset limits) 3. Living arrangement (parental support can affect benefit amounts) For medical evidence, you'll need comprehensive records from his doctors documenting his disability. For the financial requirements, he can't have more than $2,000 in assets in his name (bank accounts, vehicles, etc.). The fact that he lives with your parents will reduce his benefit amount somewhat through something called 'in-kind support and maintenance' calculations. You should definitely file an application right away - even if denied initially, you can appeal. The process can take months or even years in some cases, so starting now is important.

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Thank you for this detailed explanation! I didn't realize the application process could take years - that's scary. Do you have any suggestions for the best way to document his disability? He's been seeing the same developmental specialist for 15 years, but I'm not sure if we need special forms or evaluations for SSA specifically.

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The system is DELIBERATELY designed to discourage people!!! My nephew with Down syndrome was denied TWICE before finally getting approved for SSI. They will claim your brother doesn't meet their definition of disabled even with obvious disabilities!!! Be prepared for a FIGHT with these bureaucrats who just want to deny claims. And watch out for the asset limits - if your parents put $3k in a bank account for him, BOOM, he's disqualified!!! The whole system is RIGGED against disabled people!!

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Reina Salazar

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While the process can be frustrating, it's important to understand that SSI has specific eligibility requirements that must be met. The application requires thorough documentation and following proper procedures. Rather than viewing it as deliberately discouraging, I'd suggest approaching it methodically. For developmental disabilities, having a well-documented medical history with functional assessments is crucial. Consider consulting with a disability advocate who understands the SSA's evaluation criteria - they can help prepare an application that addresses all requirements.

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my cousin got ssi for his mental problems and he gets around $900 a month plus medicaid. his mom had to fill out tons of paperwork and they denied him at first but she appealed it. make sure your parents dont give him money directly cause that counts as income. they can pay bills for him instead.

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Demi Lagos

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I'm going through something similar with my adult daughter right now. The most important thing we've learned is to be extremely detailed about how his disability affects his ability to work and perform daily living activities. When filling out the function reports, be specific about what assistance he needs with things like personal care, meal preparation, transportation, managing money, etc. Also, look into whether your state offers any supplemental payment on top of federal SSI. Some states add additional money each month. Regarding your parents' home - their home ownership won't affect his eligibility, but as someone else mentioned, the free housing he receives from them will likely reduce his SSI payment through something called 'in-kind support and maintenance.' One thing we did that was incredibly helpful was establish a Special Needs Trust for our daughter. This allows family to contribute money for her benefit without it counting toward her SSI resource limits. You might want to consult with an elder law attorney who specializes in special needs planning.

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Thank you for mentioning the Special Needs Trust - I had no idea something like that existed! Did you set that up before or after applying for SSI? And did you use a lawyer to help with the application itself or just for setting up the trust?

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Mason Lopez

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I faced similar issues trying to reach someone at Social Security for my disabled nephew. After weeks of frustration, I found a service called Claimyr (claimyr.com) that got me connected to an actual agent within 20 minutes instead of waiting for hours or getting disconnected. There's a video showing how it works: https://youtu.be/Z-BRbJw3puU. Speaking directly with an agent made a huge difference - they walked me through exactly what documentation we needed and even helped us start the application process over the phone. Much better than trying to figure everything out from the website.

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does it actually work?? i tried calling ssa like 5 times last month and kept getting the busy signal

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Mason Lopez

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Yes, it actually worked for me! Instead of waiting on hold for hours or getting disconnected, I was talking to an agent in about 15 minutes. Made the whole process so much less stressful. They have some kind of system that navigates the phone menus and waits on hold for you.

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Vera Visnjic

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has your brother ever had any kind of job? even volunteering? my sister has downs and she got rejected first time because they said she wasnt disabled enough even though she cant read!!! its crazy how they judge this stuff

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No, he's never been able to work, even in a supported environment. His developmental disability affects his communication, decision-making, and he needs supervision for most daily activities. That's frustrating about your sister - did she eventually get approved?

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Vera Visnjic

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yeah but it took almost 2 years and my mom had to get a lawyer. make sure you keep copies of EVERYTHING you send them because they lost our paperwork twice!!!

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Melina Haruko

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To add to my earlier comment, you should also look into whether your brother might qualify for Disabled Adult Child (DAC) benefits (sometimes called Childhood Disability Benefits). This is different from SSI and is based on your parents' work records. If either of your parents are receiving Social Security retirement benefits, are disabled, or are deceased, your brother might qualify for benefits on their record if his disability began before age 22. The advantage of DAC benefits is that they're not subject to the same strict income and resource limits as SSI. He could potentially receive a higher monthly payment and would get Medicare instead of Medicaid after a 24-month qualifying period. I'd recommend applying for both SSI and DAC (if potentially eligible) at the same time. You can do this by making an appointment at your local SSA office - bring your brother with you along with: 1. His medical records or contact information for all his doctors 2. His birth certificate and ID 3. Information about where he's lived and with whom 4. Details about any income or resources he might have 5. Your parents' Social Security numbers The initial interview typically takes 1-2 hours, and the SSA representative should help determine which benefits to apply for.

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I had no idea about the DAC benefits! My dad is actually already collecting Social Security retirement, so this could be really helpful. Would these benefits continue even after my parents pass away? That's our biggest concern - making sure he's taken care of long-term.

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Melina Haruko

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Yes, that's one of the best features of DAC benefits! They can continue for your brother's lifetime as long as he remains disabled and doesn't marry (unless he marries certain other beneficiaries). This provides much more long-term security than SSI alone. Definitely mention your dad's retirement benefits when you apply - this could be very advantageous for your brother's situation.

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Demi Lagos

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Another thing to consider is guardianship or conservatorship. If your brother isn't able to manage his own finances or make medical decisions, you might need legal authority to help him navigate the SSI/SSDI system and manage benefits. We established legal guardianship for my daughter before applying for benefits, which made the process smoother since I could sign documents and communicate with SSA on her behalf. Also, don't forget to apply for Medicaid at the same time as SSI. In most states, SSI approval automatically qualifies someone for Medicaid, but sometimes you need to file a separate application through your state's Medicaid office.

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Thank you all so much for the helpful advice! I'm feeling a lot less overwhelmed now. I'm going to try that Claimyr service to speak with someone at SSA directly about both SSI and the DAC benefits (which I had no idea about!). I've already started gathering his medical records, and I'll look into the Special Needs Trust and guardianship options too. One last question - several of you mentioned appealing if we get denied initially. Is there a specific timeline for appeals? And would it be worth hiring a disability attorney right from the start, or should we try navigating the initial application ourselves?

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Melina Haruko

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You have 60 days from the date on the denial notice to file an appeal. For the initial application, I'd recommend trying it yourself, especially if you can get good guidance from an SSA representative. Disability attorneys typically don't get involved until the reconsideration or hearing level of appeals, and they usually work on contingency (taking a percentage of any back pay, capped at $6,000). If you do get denied, then definitely consider an attorney for the appeal process. Best of luck with everything!

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