Social Security denied my Child-in-Care claim because my disabled daughter attends day program - is this correct?

That SSA rep was WRONG! I've been receiving child-in-care benefits for 3 years while my son attends a vocational program 20 hours weekly. The requirement isn't 24/7 physical presence - it's about providing REGULAR CARE AND SUPERVISION. The POMS section is GN 00304.260 if you want to look it up. The key factors are: 1) Your child must have a disability that requires personal care and supervision 2) You must be exercising parental control and responsibility 3) You must be providing (or making arrangements for) that care Attending a day program doesn't disqualify you! In fact, SSA specifically mentions schooling or institutional care doesn't automatically mean you're not providing care. Print out the POMS and request a different representative or supervisor.

My sister went through something similar last year. The first rep told her no way because her son goes to a special needs program during weekdays. She called back, got a different person, and was approved! Sometimes it depends who answers the phone. Good luck!

what does FRA mean? im confused about all these terms... is that like full retirement? does that mean u have to be retirement age to get benefits for taking care of ur disabled kid?? seems weird. sorry if dumb question

I've been through this EXACT situation with my son who has Down syndrome. The first rep told me I was ineligible because my son attends a sheltered workshop program. I hung up and called back a week later, got a different rep, and was approved without any issues. The rule is NOT that your child has to be literally helpless or that you must provide every moment of care personally. That's ridiculous and not what the law says at all. If your daughter can't safely be left alone due to her condition and you're responsible for arranging and managing her care (which includes appropriate day programs!), you should qualify. I'd suggest trying again. Social Security is a huge agency and knowledge varies tremendously from one worker to another.

If you're having trouble getting through to a knowledgeable rep at Social Security, I'd recommend using Claimyr. I was in a similar situation trying to resolve a child-in-care benefit issue and kept getting disconnected or waiting for hours. I found this service at claimyr.com that got me connected to an actual SSA agent in about 15 minutes instead of spending hours on hold. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU When I finally got through, I asked specifically for someone who specializes in child-in-care situations or a technical expert. That made all the difference because I got someone who actually knew the rules. The first several reps I spoke with gave me completely wrong information.

wait are we talking about SSI here or something else? my cousin gets SSI for her disabled kid and she works full time and the kid goes to special ed classes

Thank you all for the incredibly helpful responses! I'm feeling much more confident now. I'm going to try calling again next week and specifically ask for someone who specializes in Child-in-Care benefits. If that doesn't work, I'll ask for a supervisor. It's frustrating that there's such inconsistency in how these rules are applied. My daughter definitely cannot be left alone safely due to her seizures and cognitive limitations, and while the day program is wonderful for her, I'm still responsible for all her care, medical decisions, transportation, etc. I appreciate the POMS reference - I looked it up and you're right, it specifically mentions that school attendance doesn't disqualify someone! I'm going to print that out and have it ready for my next call.

One more thing I forgot to mention - when you call back, try to use their exact terminology. Instead of just saying your daughter "needs care" or "has disabilities," be specific about the "exercise of parental control and responsibility" and that you "provide personal services, supervision and direction" - those are the exact phrases from their policy manual that they're trained to look for.

good luck!! update us after u call again! my aunt might be in same situation soon