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Survivor benefits confusion: Can I get half while caring for adult disabled daughter on SSI?

My husband passed away last month at 52, leaving me (49) and our daughter (25) who has had a developmental disability since birth and receives SSI. I'm completely confused about survivors benefits and getting contradictory information from every SSA rep I talk to. The survivor benefit amount is apparently $1,150/month total. My daughter qualifies for this as a disabled adult child, but I've been told different things about whether I can receive a portion as the surviving spouse providing care (I think it's called "mother's benefits"?). Some SSA workers told me I can get half ($575) while my daughter gets the other $575, but others say she gets the full amount and I get nothing. If I do qualify, I'm wondering if my portion is subject to the same $2,000 asset limit as SSI? And if I start working, would my portion go back to her? I've already set up a special needs trust for her SSI benefits, but I'm completely lost on how the survivor benefits work for our situation. Any advice from people who've been through this would be really appreciated!

Edward McBride

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You're dealing with a complex situation that combines several different benefits. Let me try to clarify: 1) Your daughter likely qualifies for Disabled Adult Child (DAC) benefits on your husband's record. This is different from SSI, though she can potentially receive both with proper planning. 2) As a surviving spouse caring for a disabled adult child, you may qualify for mother's/father's benefits until you reach your own full retirement age, regardless of your daughter's age (this is a special rule for parents caring for disabled adult children). 3) The Family Maximum Benefit (FMB) is what's causing confusion. The total benefits paid to all survivors cannot exceed this amount, which appears to be $1,150 in your case. 4) Mother's/father's benefits do NOT have the $2,000 asset limit that SSI has. That's only for SSI. 5) If you start working, your survivor benefit may be reduced by the earnings test if you're under full retirement age, but this doesn't automatically increase your daughter's portion. I strongly recommend requesting an appointment with a Technical Expert at your local office who specializes in survivor benefits. Regular claims representatives often aren't familiar with these complex situations.

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Gael Robinson

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Thank you so much for this detailed explanation! I didn't realize my daughter could potentially get both DAC benefits AND SSI. No one at Social Security mentioned that to me. So if I understand correctly, I can apply for mother's benefits without worrying about an asset limit, and those benefits are separate from the SSI rules? And if my portion gets reduced when I start working, that doesn't automatically transfer to my daughter? I'll definitely ask for a Technical Expert. Is there a specific way I should request this when I call? The regular representatives keep giving me contradictory information.

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Darcy Moore

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I went through something similiar when my husband died leaving me with our disabled son. The SSA people gave me SO MUCH WRONG INFORMATION!!! It was infuriating!!! First, you absolutely CAN get benefits as a mother caring for a disabled adult child - they told me I couldn't at first but I kept fighting. The $2000 asset limit ONLY applies to SSI, NOT to survivor benefits. That's super important!!! And yes, the family maximum limits the total, so you'll probably each get around half of that $1150. But if you work and earn over their limits, your portion gets reduced or eliminated, but it DOESNT automatically go back to your daughter!!! THIS is what they messed up for us and cost us thousands!!!! DON'T trust what the first person tells you! Get EVERYTHING in writing!!!

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Gael Robinson

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It's so frustrating how inconsistent the information is! Did you eventually get it straightened out? I'm worried about making a mistake that will mess up my daughter's benefits. When you say your portion doesn't automatically go back to your son if you work - is there a way to make that happen? Or is the family maximum just lost money at that point?

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Dana Doyle

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my huband died 3 years ago and i have a special needs son too. he gets the surivivors benfit and ssi. I get half too as his mom. but when i got a part time job last year my part went down but my sons didnt go up. just less money total for our family. wish someone told me that would happen before i took the job lol

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Darcy Moore

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EXACTLY!!! This is what I was trying to explain! When you work and your portion gets reduced, that money just DISAPPEARS!!! It doesn't transfer to your disabled child! The family maximum is still the same, but you just don't get the full amount anymore. It's such a terrible system!!!

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Liam Duke

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hey so sorry about your husband. my sister has a special needs kid and went thru something similar. gotta be careful with the SSI and assets thing. the survivors benefits aren't affected by assets but SSI is. so your daughter could lose SSI if she has too much money but would still get survivors. complicated stuff!

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Gael Robinson

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Thanks for your condolences. Yes, I've set up the special needs trust for her SSI payments, but I was confused about whether my portion of the survivor benefits would have asset limits too. Sounds like they wouldn't, which is good to know.

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Manny Lark

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I'd like to address a common misconception I'm seeing in this thread. When a parent receiving mother's/father's benefits has their portion reduced due to earnings, that amount doesn't simply "disappear" from the family maximum. While it doesn't automatically redistribute to other beneficiaries, you can request a recomputation of benefits. Here's what you should do: 1. Apply for both benefits - your mother's benefits and your daughter's disabled adult child benefits 2. If you start working and your benefit is reduced, immediately contact SSA to request a recomputation of your daughter's benefit 3. Be specific that you're requesting a "recomputation due to family maximum redistribution" Some field offices process this automatically, others don't. This is why you get inconsistent information. The regulations do allow for redistribution, but it often requires a manual intervention.

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Darcy Moore

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THIS!!! This is exactly what we weren't told! They never mentioned we could request a recomputation! We lost thousands of dollars because our field office didn't automatically redistribute, and no one told us we could request it. I wish I had known this information years ago.

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Rita Jacobs

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I've been trying to reach someone at Social Security for 3 weeks to sort out a similar issue with my sister's survivor benefits. Keep getting put on hold for hours and then disconnected. So frustrating! I recently tried a service called Claimyr (claimyr.com) that got me through to an actual person at SSA in under 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Worth checking out if you need to speak to a specialist about your specific situation. With something this complex, I definitely recommend talking to an actual Technical Expert rather than just going by what we all say here!

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Gael Robinson

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Thank you for this suggestion! I've been calling SSA for days and can't get through. I'll check out that service - I definitely need to speak with someone who really understands these rules.

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Khalid Howes

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I'm confused about something... if your daughter is 25 and disabled since birth, shouldn't she have already been receiving benefits on her father's record before he passed? Or was he not collecting Social Security yet? Because there's a difference between disabled adult child benefits when the parent is alive vs. survivor benefits when they pass away.

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Gael Robinson

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My husband was only 52 when he passed and wasn't collecting Social Security yet. Our daughter has only been on SSI until now, not any benefits related to either of our work records. Now that he's passed, that's when survivors benefits come into play.

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Edward McBride

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Another important consideration: when your daughter starts receiving DAC benefits on your husband's record, her SSI will likely be reduced because DAC benefits count as unearned income for SSI purposes. However, she may still qualify for a reduced SSI payment and, crucially, maintain Medicaid eligibility through SSI even if her SSI payment becomes $0 due to the DAC benefits (this is called the "DAC Medicaid protection"). Also, if you decide to apply for your mother's benefits, be aware that this will count as income when determining your daughter's household living expenses for SSI (if you live together). This might affect her SSI calculation somewhat, but the combined benefits will still be greater than SSI alone. Lastly, if you haven't already, consider applying for your own survivor benefits when you reach age 60 (or 50 if you become disabled). You can then switch to your own retirement benefit if it's higher once you reach your full retirement age.

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Gael Robinson

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This is so helpful! I didn't know about the DAC Medicaid protection - that's critically important since her healthcare needs are significant. I'm also glad to hear about the options for my own benefits down the road. Right now I'm just trying to figure out the best approach in the immediate term since I haven't returned to work yet after caring for my husband during his illness.

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Darcy Moore

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I forgot to mention something important in my earlier comment. When my son started getting DAC benefits, his SSI went down BUT he kept his Medicaid through something called Section 1634 provisions. MAKE SURE they know about this at SSA because they didn't automatically tell us about it, and my friend's daughter temporarily lost Medicaid because of this!!! Also, the special needs trust is CRUCIAL - good job setting that up already. If your daughter's total assets ever go over $2000 outside the trust, she'll lose SSI and possibly Medicaid depending on your state.

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Dana Doyle

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thats what happend to us too! my sons ssi went down when he got the survivors benefits but we kept the medicaid which was the most important part anyway. the ssa people never explaned this would happen tho and i panicked when i saw the ssi payment go down

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Manny Lark

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To summarize the key points for your situation: 1. Apply for Disabled Adult Child (DAC) benefits for your daughter on your deceased husband's record 2. Apply for Mother's benefits for yourself as caring for a disabled adult child 3. Understand that the Family Maximum Benefit (in your case $1,150) will likely be split between you and your daughter 4. DAC benefits will reduce your daughter's SSI but she should maintain Medicaid eligibility 5. Mother's benefits have no asset limits but are subject to earnings limits if you work 6. If your benefits are reduced due to work, request a recomputation of your daughter's benefits to redistribute the family maximum 7. Keep your daughter's assets under $2,000 outside of the special needs trust The official guidance for this exact situation is in POMS section DI 10115.001 (SSA's internal operating procedures). If you encounter resistance, specifically reference this section to the claims representative.

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Liam Duke

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wow this is so helpful! my sister could have used this info years ago. wish the ssa people would just explain it like this in the first place instead of giving different answers every time you call

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Ben Cooper

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My friend went thru similar thing last year and she said the trick is to get everything in writing. Ask them to send you the policy references. Also my nephew with downs gets both SSI and the disabled adult child benefit but they reduced his SSI when the other benefit started. Still he gets more total $ this way and keeps his medicaid which is the main thing.

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Gael Robinson

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Thanks! Yes, healthcare coverage is definitely our primary concern. I'll make sure to get everything in writing and ask for the specific policy references.

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Rita Jacobs

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I wonder if anyone here has used an attorney to navigate this process? I'm considering it for my own situation with my brother's benefits, but not sure if it's worth the cost or if they can actually help with the SSA bureaucracy.

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Edward McBride

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Attorneys are most helpful for disability claims (SSDI/SSI), where they can represent you in appeals and hearings. For survivors benefit issues like this, they generally can't do much more than provide guidance, as there's no formal appeal process unless benefits are denied. A better resource might be a WIPA (Work Incentives Planning and Assistance) counselor, which is a free service funded by SSA to help beneficiaries navigate complex benefit situations. They're particularly helpful when benefits interact with employment, as in your situation.

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