SSI Medicaid loss due to Survivor benefits increase - Pickle Amendment and disabled child benefits questions
I'm completely lost after getting some confusing information from SSA about my daughter's benefits. My 14-year-old daughter has severe disabilities and was receiving SSI with Medicaid. After my husband passed away, we started receiving survivor benefits which increased our income and now they're terminating her SSI/Medicaid (which covers therapies and medical equipment insurance doesn't). The SSA rep told me to apply for something called the "Pickle Amendment" through Health & Human Services to possibly keep Medicaid. Has anyone gone through this process? What's the income limit? Is it a huge paperwork nightmare? The rep also dropped another bombshell - she said when my daughter turns 16, I'll lose MY survivor benefits, but my daughter can keep hers due to disability. I always thought caregivers of disabled children could continue receiving benefits! Then she mentioned something about applying for "disabled adults in care benefit" when my daughter turns 18. I feel like I'm getting different information every time I talk to someone. This is our financial lifeline and I'm panicking about making the wrong moves. Any advice from parents who've navigated this SSI/survivor benefits maze with disabled children would be SO appreciated.
18 comments
Yara Haddad
The rep is partly right but missed some important details. The Pickle Amendment protects people who were eligible for both SSI and Medicaid, then lost SSI due to COLA increases in Social Security benefits. It allows you to keep Medicaid if losing it would cause hardship. What they didn't explain well: Your survivor benefits as a parent caring for a child under 16 do stop when the child turns 16 - that part is true. BUT there is a benefit called Childhood Disability Benefits (CDB) that can continue for your daughter past 18 if she was disabled before 22. For yourself, look into the benefits for parents caring for disabled adult children. While not exactly as the rep described, there are provisions that might help your situation when she's older.
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Connor Murphy
•Thank you so much for clearing this up! The rep made it sound like I'm completely out of luck when she turns 16. Do you know if there's any way I can continue receiving any benefits after she turns 16 but before she's 18? That gap is terrifying me financially.
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Keisha Robinson
I went through this EXACT situation with my son!!! The Pickle Amendment saved us, but it's not well known even among HHS workers. Print out info about it before you go! The income limits depend on your state (we're in Texas), but generally if you qualified for SSI before, you might qualify under Pickle. And YES the worker was WRONG about your benefits!! Parents caring for disabled children CAN receive benefits past age 16 if the child receives Social Security disability benefits on a parent's record. It's called the "Mother's or Father's benefit" and continues until the child turns 18 (or 19 if still in secondary school). This system is SO FRUSTRATING and half the workers don't know all the rules!!!
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Paolo Conti
•This is why I always tell ppl GET EVERYTHING IN WRITING!! Different workers tell u different things and then ur stuck trying to figure out who's right. Happened to my cousin too and she had to file an appeal.
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Amina Sow
The Pickle Amendment (Section 503) is specifically for people who were eligible for both SSI and Medicaid, but lost SSI eligibility due to COLA (Cost-of-Living Adjustment) increases in their Social Security benefits. It's designed to protect Medicaid eligibility in these specific cases. Regarding the benefits: When your child turns 16, your survivor benefits (technically called "Mother's or Father's insurance benefits") will end unless you're also disabled. Your daughter will continue receiving her survivor benefits until age 18 (or 19 if still in school). However, if she was disabled before age 22, she can transition to what's called Childhood Disability Benefits (sometimes called Disabled Adult Child benefits) on the deceased parent's record when she reaches adulthood. This is likely what the representative was referring to. For specific income limits for Pickle Amendment protection, you'll need to contact your state Medicaid office as it varies by state.
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Connor Murphy
•Thank you for this detailed explanation! It's so much clearer than what I was told. I'm going to contact our state Medicaid office tomorrow about the Pickle Amendment and get more info on these Childhood Disability Benefits. This gives me a roadmap for what to research and ask about.
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GalaxyGazer
my son has disabilities and we had similar problems. the pickle thing helped keep his medicaid but took like 3 months to process so start early!! and ya the SSA people sometimes dont know all the rules about disabled kids, i got told wrong info twice before someone knew what they were talking about
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Connor Murphy
•3 months! That's so long to wait. Did they backdate the coverage once it was approved? I'm worried about a gap in her therapy appointments.
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Oliver Wagner
ive been on hold with social security for 2+ hours trying to get answers about my son's disability benefits. they keep transferring me and disconnecting! this system is broken and they expect parents of disabled kids to somehow navigate it all while caregiving fulltime?!?! it's INSANE.
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Natasha Kuznetsova
•I had the same problem last month trying to sort out my mom's benefits. A friend recommended this service called Claimyr (claimyr.com) that gets you through to a real SSA agent without the endless hold times. I was skeptical but it actually worked - they called me back when an agent was on the line. Saved me literally hours of frustration. You can see how it works at https://youtu.be/Z-BRbJw3puU. Now I just use it whenever I need to call SSA because my time is too valuable to waste on hold.
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Paolo Conti
my sister had 2 go thru this. the pickle thing is real but some medicaid workers have never heard of it!! bring the actual law printed out when u go. and yes u lose ur benefits at 16 but there r other options later. the whole system is designed 2 confuse ppl i swear
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Yara Haddad
•This is good advice. Unfortunately, many frontline workers aren't trained on all the complex provisions like the Pickle Amendment. Always bring documentation of the specific law or rule you're referencing. SSA Publication No. 05-10003 (January 2023) mentions this protection, and there are state-specific guides available online.
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Keisha Robinson
WAIT - I just realized something important! If your household income increased because of the survivor benefits, did they do a proper calculation for the parent-to-child deeming rules? Not all your income should count against your daughter's SSI eligibility! Make sure they calculated the parental allocation correctly. Ask for a detailed breakdown of how they determined she was ineligible. Sometimes they make mistakes with these calculations!
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Connor Murphy
•I didn't even think to question their math! They just sent a letter saying she was ineligible now, but didn't show any calculations. I'm going to call and ask for this breakdown. You might have just saved us from a huge mistake. THANK YOU!
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Amina Sow
One additional resource to consider: Contact your state's SHIP (State Health Insurance Assistance Program) or P&A (Protection and Advocacy) organization. They often have benefits counselors who specialize in these complex situations involving disability benefits and Medicaid. They can provide free guidance on the Pickle Amendment application and other potential options for maintaining healthcare coverage. The transition periods you're concerned about (at age 16 and again at 18) require careful planning. A benefits counselor can help you map out the timeline and understand all available options. These services are free and often more knowledgeable than general SSA staff about these specific situations.
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GalaxyGazer
•yes! the P&A people helped us so much. regular ssa workers dont always know the special rules but the P&A people deal with this stuff everyday
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Oliver Wagner
This whole system is DELIBERATELY complicated. They make it impossible to navigate so people give up. My daughter lost benefits for 8 months because of contradictory information from SSA. We finally got a lawyer who specializes in disability benefits and suddenly everything got fixed. Had to pay for the lawyer but it was worth it because we got backdated benefits. The government agencies work against disabled people, not for them.
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Paolo Conti
•THIS!!! 👆 they hope we give up. my cousin fought for 2 yrs to get proper benefits for her son. system is rigged against us caregivers
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