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Marcus Marsh

Moving Roth IRA funds before SSI application - will this affect my disabled son's eligibility?

I've been putting off applying for SSI for my 35-year-old son who has a severe cognitive disability from a childhood TBI (traumatic brain injury). He's never been able to hold employment due to memory issues and processing delays. I recently discovered his father (we separated years ago) set up a Roth IRA for him that now contains about $5,200. I know SSI has the $2,000 resource limit, and I'm worried this will disqualify him. Should I have him withdraw these funds before applying? Would SSA consider this a transfer of resources? I feel terrible for waiting so long to apply - I kept hoping his condition would improve enough for supported employment, but his doctors now say that's unlikely. Any advice on handling the Roth IRA situation before submitting his application would be greatly appreciated.

This is a really important question! The $2,000 resource limit for SSI is strict, and yes, having over that amount would disqualify him. However, you need to be careful about withdrawing the money right before applying. SSA looks back 36 months for transfers of resources made for less than fair market value specifically to qualify for SSI. If they determine that's what happened, they can impose a penalty period of ineligibility. If he uses the money for his own support and maintenance (paying for food, shelter, clothing, medical needs), that's generally considered an appropriate spend down. Just make sure to keep receipts and documentation of how the money was spent. Also, be aware that if he withdraws from a Roth IRA, the earnings portion might be taxable if it's not a qualified distribution, though the contributions can come out tax-free.

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Marcus Marsh

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Thank you for this information. I'm worried about the look-back period now. Would it be better to use the money for something specific he needs, like dental work he's been putting off? Or maybe a new bed and some clothing? I want to make sure we do this correctly.

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Cedric Chung

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my brother has disability too and we went thru same thing!! use the money for things he NEEDS before you apply. we bought my brother new glasses, paid his dentist bill, got him a used laptop for his online therapy meetings, and paid his phone bill for a few months ahead. keep ALL receipts!!!! they didnt give us any problems when we showed everything was for him.

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Marcus Marsh

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That's exactly the kind of practical advice I was hoping for. Did they ask for receipts during your brother's application process, or was it only if they questioned something?

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Talia Klein

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I work with SSI applicants regularly, and I need to point out something important - SSA distinguishes between resources (assets) and income. When your son withdraws money from the Roth IRA: 1. The money becomes a countable resource if still in his possession 2. The portion that represents earnings (not contributions) could count as unearned income in the month received The best approach is to spend down appropriately (necessary items for his support) before applying, but do it gradually and naturally, not all at once the day before applying. Medical expenses, catching up on bills, necessary clothing, and essential household items are all reasonable. Also, you might want to look into an ABLE account if your son's disability occurred before age 26. These special accounts allow people with disabilities to save above the $2,000 limit without affecting SSI eligibility.

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Hold on - I thought ABLE accounts were ONLY for people who got disabled as children??? The mom said her son has a "brain condition" but didn't say when it started. If he got hurt as an adult would he still qualify for an ABLE account??? This seems too good to be true.

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Talia Klein

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To clarify about ABLE accounts: the law requires that the disability onset must have occurred before age 26. In this case, the OP mentioned a "childhood TBI" so an ABLE account could be an option. But you're right that not all disabled adults qualify - only those whose disability began before age 26.

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Marcus Marsh

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His accident was when he was 7, so it sounds like he would qualify for an ABLE account. I'll definitely look into this option - it might be perfect for managing any remaining funds. Thank you for pointing this out!

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PaulineW

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just withdraw it all and spend it!!!! the SSA are not gonna come to ur house and check what u bought!!!! my cousin just took all his money out and got approved no problems

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This is actually risky advice. SSA does verify bank statements and can request documentation for large withdrawals. They specifically look for transfers made just to qualify for benefits. Following this approach could result in a period of ineligibility for SSI if they determine it was an improper transfer of resources.

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I went through a similar situation with my daughter last year. Trying to reach someone at Social Security to get clear guidance was INCREDIBLY frustrating. I spent weeks calling that 800 number only to be disconnected or told the wait time was 2+ hours. I finally found this service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 20 minutes! They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent I spoke with explained exactly how to handle the resource spend-down and gave me documentation I could include with my daughter's application explaining the situation. It was so much better than trying to figure it out on my own or risking doing something that would delay her benefits.

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Marcus Marsh

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I've been dreading the phone calls to SSA. Their hold times are notorious! I'll check out that service - getting clear guidance directly from an agent would be really helpful right now. Thanks for sharing this!

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Chris Elmeda

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My nephew has SSI. They check EVERYTHING. They wanted bank statements going back 6 months when he applied. AND they check again every year at redetermination. Be honest about the IRA. Maybe askif he can spend it down before applying but KEEP ALL RECIEPTS!!! SSI is great but they make you jump through hoops.

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Talia Klein

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One more thing to consider: if your son's father is receiving (or will soon receive) Social Security retirement or disability benefits, your son might qualify for Disabled Adult Child (DAC) benefits (sometimes called Childhood Disability Benefits) on his father's record. This would provide a higher benefit than SSI in many cases and doesn't have the same strict resource limits. To qualify, your son must: - Have become disabled before age 22 - Be unmarried - Have a parent who receives Social Security retirement or disability benefits OR a parent who died but worked enough to qualify for Social Security This is definitely worth looking into as an alternative or supplement to SSI.

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Marcus Marsh

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I had no idea about this option! His father is 63 and planning to retire in the next year or two. This could be a much better path for us. I'll definitely ask about Disabled Adult Child benefits when I speak with SSA. Thank you so much for this information!

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I'm so CONFUSED about all these different benefits!!! Is SSI the same as SSDI??? And what's this Disabled Adult Child thing??? Why does the government make this so complicated!!! 😫 I've been trying to figure out what to apply for my sister and it's a NIGHTMARE!!!

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It is confusing! Here's a quick breakdown: - SSI (Supplemental Security Income): Needs-based program for people with limited income/resources who are disabled, blind, or 65+. Has strict asset limits ($2,000 for individuals). - SSDI (Social Security Disability Insurance): For disabled workers who have earned enough work credits. No resource limits. - DAC/CDB (Disabled Adult Child/Childhood Disability Benefits): For adults disabled before 22 who have a parent receiving Social Security retirement/disability or a parent who died but was insured under Social Security. The best approach is to apply and let SSA determine which program(s) your sister qualifies for. They're supposed to consider all possible eligibilities.

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Cedric Chung

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just wanted to say ur a good mom for helping ur son!!! my mom helped me get on ssi when i was 19 (im 32 now) and it changed my life. dont feel bad about not doing it sooner, ur doing it now and thats what matters!!

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Marcus Marsh

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Thank you for saying that. I've felt guilty for years thinking maybe I was holding him back by not accepting his limitations. It helps to hear from someone who's benefited from these supports. I appreciate your kindness.

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Dananyl Lear

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As someone new to navigating disability benefits, I want to say how helpful this thread has been! I'm dealing with a similar situation with my adult daughter who has developmental disabilities, and I had no idea about the 36-month lookback period or the difference between SSI and DAC benefits. One question - if someone spends down resources appropriately before applying, how long should they wait between spending the money and submitting the application? Is there a recommended timeframe to avoid any appearance of impropriety, or is it more about having proper documentation of legitimate expenses? Also, @Marcus Marsh - don't beat yourself up about waiting. Sometimes we need time to process and accept our loved one's needs, and that's completely human. You're taking action now, which is what matters.

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Sofia Price

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Welcome to the community! From what I've learned through my own experience and research, there isn't a specific waiting period required between spending down resources and applying for SSI. The key is that the expenses need to be legitimate and for the applicant's benefit - things like medical care, necessary clothing, food, shelter, or other basic needs. The most important thing is documentation. Keep receipts, bank statements showing the withdrawals, and any invoices or proof of payment for what you purchased. SSA wants to see that the money was spent on appropriate items for your daughter's support and maintenance, not just given away or hidden. From what others have shared here, it seems like spending the money over a reasonable period (not all in one day right before applying) and for genuine needs is the safest approach. The 36-month lookback is specifically for transfers made for less than fair market value - meaning giving money away or selling things for less than they're worth just to qualify for benefits. I'd also recommend looking into whether your daughter might qualify for an ABLE account if her disability began before age 26, as that could help with future savings without affecting SSI eligibility.

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Monique Byrd

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I'm new to this community but wanted to share something that might be helpful. When my nephew was applying for SSI, we discovered that having a disability attorney or advocate can make a huge difference in navigating these complex rules about resource limits and spend-downs. Many disability attorneys work on contingency (they only get paid if you win), and they're experts at understanding exactly how SSA interprets these rules. They can help you document the spend-down properly and ensure you're not inadvertently creating problems with the lookback period. Also, I noticed several people mentioned the difficulty reaching SSA by phone. Another option is to schedule an appointment at your local Social Security office - sometimes it's easier to get clear answers in person, and you can bring documentation with you to show exactly what you're dealing with. One last thought - if your son does end up qualifying for SSI, make sure to ask about state supplemental payments. Some states add additional money on top of the federal SSI benefit, and the eligibility requirements might be slightly different.

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Zoe Gonzalez

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This is excellent advice about getting professional help! I've been trying to handle everything myself, but having an expert guide us through the process sounds like it could save a lot of stress and potential mistakes. Do you happen to know how to find disability attorneys who specialize in SSI applications? I'm in a smaller city and not sure where to start looking for someone with the right experience. The in-person appointment idea is also really smart - I've been dreading those phone calls but hadn't thought about just going to the office directly. Thank you for these practical suggestions!

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Liv Park

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Welcome to the community! As someone who's helped several families navigate SSI applications, I wanted to add a few practical points that might be helpful: Regarding finding disability attorneys - the National Organization of Social Security Claimants' Representatives (NOSSCR) has a lawyer referral service on their website where you can search by location. Most disability attorneys offer free consultations, so you can speak with a few to find someone you're comfortable with. For the Roth IRA situation specifically - one thing to keep in mind is that if your son withdraws the funds, any earnings portion may be subject to early withdrawal penalties and taxes since he's under 59½. However, the contributions can typically be withdrawn penalty-free. You might want to check with the IRA custodian about the contribution vs. earnings breakdown before making withdrawals. Also, I'd strongly recommend keeping a detailed log of how any withdrawn funds are spent. Create a simple spreadsheet with date, amount, what was purchased, and attach receipts. This kind of organization makes it much easier if SSA requests documentation later. The ABLE account suggestion from earlier is excellent if your son qualifies. Even if he doesn't use it for the current IRA funds, it could be valuable for any future savings or gifts from family members. @Marcus Marsh - you're doing the right thing by getting informed before moving forward. Taking time to understand the rules upfront can prevent complications later in the process.

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Quinn Herbert

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Thank you so much for all this detailed information! The NOSSCR lawyer referral service sounds perfect - I had no idea that resource existed. And you're absolutely right about tracking the contribution vs earnings breakdown for the Roth IRA withdrawals. I hadn't even thought about the tax implications. Your spreadsheet idea is brilliant - I'm definitely going to set that up before we make any moves with the funds. Having everything organized from the start will be so much better than trying to reconstruct it later if they ask questions. I really appreciate everyone in this community taking the time to share their knowledge and experiences. It's making what seemed like an overwhelming process feel much more manageable. @Marcus Marsh - we re'all learning together, and it s'clear you re'being a great advocate for your son by doing this research first!

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Jacob Lee

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As someone who recently went through the SSI application process for my adult son, I wanted to share a few additional resources that might be helpful. First, don't overlook your state's Department of Developmental Services or similar agency - they often have benefits specialists who can walk you through the SSI application process for free and help with the resource spend-down planning. They understand both the federal SSI rules and any state-specific programs your son might qualify for. Second, if you haven't already, consider getting a letter from your son's doctor documenting his functional limitations and how his TBI affects his daily living activities. This medical evidence will be crucial for the disability determination, and having it organized upfront can speed up the process. Finally, regarding the timing of the application - while you're figuring out the Roth IRA situation, you might want to call SSA to ask about filing a "protective filing date." This establishes your intent to apply and can sometimes preserve an earlier application date while you're gathering documentation. The fact that you're taking time to understand the rules and ask questions shows you're being a thoughtful advocate for your son. The SSI program exists specifically to help people like him, and you shouldn't feel guilty about accessing these supports.

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This is such valuable information, thank you! I had no idea about the protective filing date option - that sounds like it could be really important while we're working through the IRA situation. I'll definitely call SSA to ask about that. The suggestion about contacting our state's Department of Developmental Services is also really helpful. I've been feeling like I'm navigating this alone, so knowing there are free specialists who can help guide us through the process is such a relief. You're right about getting updated medical documentation too. His last comprehensive evaluation was about two years ago, so it's probably time for a fresh assessment anyway. Having everything current and organized will hopefully make the process smoother. I really appreciate everyone sharing their experiences and knowledge - it's turning what felt like an impossible puzzle into something with clear next steps. Thank you for the encouragement as well. It means a lot to hear from parents who've successfully navigated this path.

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