Special Needs FAQ
Social Security News
Your pensions and IRAs do NOT disqualify your spouse or disabled child from receiving SSI and its linked Medicaid. Source: New Clarifying Social Security Administration Policy Instruction, issued February 25, 2010 (https://secure.ssa.gov/apps10/public/reference.nsf/links/02242010110239AM).
Disabled Child of a Veteran
When our law office does special needs planning with your family, we encourage all Veterans to be aware of these rules and become proactive in seeking assistance with their claims from accredited Veterans counselors. The VA claims process is arduous, and takes family effort and time.
Timing Can Be Critical If a Veteran parent of a disabled child is now suffering from a presumptive service connected illness, it is critical to get a claim started before death to protect the survivorship rights of both spouse and disabled child.
These FAQ can help families get started.
Q. Where can I learn about what Department of Defense benefits may exist for my disabled child?
A. Start with the SPECIAL NEEDS SMART BOOK, a great guide available to parents on the Department of Veterans Affairs Tricare website, www.tricare.mil mybenefit/home/LifeEvents/SpecialNeeds This book focuses on active military personnel (and dependents of those who died in service) and is the place for those families to start. The Department of Defense book on services for children with autism is on the same website.
Q. If I am not in active service, but am a Wartime service veteran with no service connected disability compensation income (DIC) award, then will there be any Veterans benefits for my disabled child?
If you have no entitlement to DIC before death (or no claim pending), then your surviving disabled child may still be eligible for a death pension (needs-based, maximum $2,020/year). Obtaining a service-connected disability award will greatly expand the potential benefits (income and medical) available to your disabled child.
IF YOU SUFFER FROM ANY MEDICAL CONDITION, and are a Veteran with a disabled child, you should evaluate your potential for a compensation claim. See the accredited Veterans counselors in your county for help, and work through the Veterans website which has many resources for you.
If you IN THE FUTURE become diagnosed with a serious medical condition, have a potential disability compensation claim evaluated again.
For example, Lou Gehrig’s disease is presumptively service connected – and the wartime Veteran suffering from that disease will obtain benefits to which the surviving disabled child’s benefits will then be linked. Check 38 CFR 3.309 for a list of presumptive service connected disabilities – and ill Vietnam Veterans with presumed herbicide exposure may be surprised to find their particular diagnosis qualifies them (and the disabled child) for Veterans income and medical benefits.
Both the surviving spouse of the veteran with a disabled child in the home, and the disabled child independently, may qualify for veterans benefits. 38 CFR §3.10; 38 USC §1313-1314. By filing a successful claim for service-connected disability, you increase the scope of services available to the spouse and child.
Q. Who is a “disabled child” for purpose of Veterans benefits?
A. The child must have become“permanently incapable of self-support” before AGE 18 YEARS (not age 22, as in the Social Security child survivor benefit system). Note that the disabling condition may be caused by a birth condition (such as developmental disabilities) or post-birth trauma/accident (such as a child injured in an auto accident at age 17). If the child is disabled BEFORE age 18, the child will meet the requirements for the Veterans programs.
The “child” relationship in the Veterans system is broader than in Social Security, and includes stepchildren and members of the Veterans’ household, and even children given up for adoption by the Veteran. 38 CFR 3.57 §1(a) and (b).
The disabled child loses the VA benefits if the child marries.
Q. What is the medical benefit available to qualified disabled children of a Veteran?
A. If the Veteran is still in active service, or died while in active service, the child’s health coverage is through Tricare. If the Veteran is not in active service, or deceased, then the disabled child’s coverage is through CHAMPVA. This coverage includes prescription drugs.
ACTION RECOMMENDATION:
Every Veteran with a disabled child should evaluate his or her service record, looking for wartime service (which might qualify the surviving spouse and disabled child for a death pension) and service connected disability (using the expanded presumptive service connected rules) which could bring compensation for the Veteran during his lifetime, and Disability and Indemnity Compensation (DIC) for surviving spouse and disabled child.