I Don't Need SSI or Medicaid. Why Get a Special Needs Trust?
There are many benefits to having a special needs trust that go far beyond the ability to maintain eligibility for SSI or Med...
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TakeawaysA child with a disability whose parent becomes disabled, retires, or dies, may qualify for Social Security Disability Insurance (SSDI) benefits on the parents’ work record. When those benefits are paid to an adult child whose disability began before age 22, they are common called Disabled Adult Child benefits, or DAC benefits.
These benefits can be a lifeline. However, for people who also rely on Supplemental Security Income (SSI) and Medicaid, a DAC award can create a confusing and scary situation: The New Social Security payment may be high enough to end SSI — and families may worry that Medicaid will end, too.
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The good news is that federal law provides a protection that, in many cases, allows a disabled adult child to keep Medicaid even after SSI stops due to DAC benefits.
These benefits are Social Security benefits paid to an adult child based on a parent’s work record. To qualify, the adult child generally must:
The DAC amount is based on the parents’ earnings history. Once the parent’s Social Security benefits is established, the adult child generally receives a percentage of that benefit.
SSI is a needs-based program, meaning it has strict income and resource limits. DAC benefits, on the other hand, are not needs-based. They are tied to the parent’s work record.
Because DAC benefits are often higher than the SSI monthly payment, a person who starts receiving DAC may end up with “too much income” for SSI — even though their overall financial situation may not feel secure.
When SSI stops, families often assume Medicaid will stop automatically. Sometimes it can, but not always, and that’s where the DAC Medicaid protection comes in.
In many states, SSI eligibility is one of the most common pathways to Medicaid. In other words, if you qualify for SSI, you usually qualify for Medicaid as well.
So if SSI stops, Medicaid may be flagged for termination — even if the person still clearly needs health care coverage and long-term services and supports.
Congress created a protection so that certain disabled adult children do not lose Medicaid just because DAC benefits replaced their SSI payment.
Simply put, this rule is designed for people whose situation did not really change — except that Social Security started paying them a DAC benefit.
A person may qualify for continued Medicaid under this protection when:
To qualify, the person generally must:
If these conditions are met, the person may be able to keep Medicaid even though SSI cash payments stop.
Note that Medicaid eligibility rules can vary by state. Some states require a separate Medicaid application and may use slightly different processes or terminology.
The biggest risk families face is a gap in coverage caused by missed paperwork, missed deadlines, or confusion between agencies. Here are practical steps to reduce that risk.
If your loved one relies on Medicaid for critical supports, including home- and community-based services, therapies, medications, or long-term services and supports, it’s worth getting advice quickly if SSI changes.
If you are looking for guidance tailored to your loved one’s situation, speak with a special needs planning professional near you.
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