Through the SSI pathway, parents intending to adopt special needs children who are not in the custody of a public or private agency may be able to qualify for IV-E Adoption Assistance. If a child meets one of the many disability standards for SSI, he or she is virtually assured of being eligible for adoption assistance. Agency custody is not a requirement.
According to the federal, Section 8.2B.12 Question 1 of Child Welfare Policy Manual,
A child is eligible for adoption assistance if the child meets the requirements for title XVI SSI benefits and is determined by the State to be a child with special needs prior to the finalization of the adoption.
There are no additional criteria that a child must meet to be eligible for title IV-E adoption assistance when eligibility is based on a special needs child meeting SSI requirements. Specifically, how a child is removed from his or her home or whether the State has responsibility for the child's placement and care is irrelevant in this situation.
References: 42 U.S.C. § 673. Section (a)(2), OAC 5101:2-49-02 and OAC 5101:2-49-02.1
Why not simply apply for SSI instead of using SSI as a pathway to adoption assistance?
1. SSI is means tested, which means that the legal parents’ income is counted as income to the child. After the final decree of adoption, when the adoptive parents become the child’s legal parents, their income will most likely be over the limit causing the child to lose all or most of her monthly benefits.
2. Title IV-E Adoption Assistance is not means tested before or after the final decree of adoption.
3. Prior to finalization, the income of the prospective adoptive parents does not count as income to the child. Special needs and meeting one of the disability standards is the only requirement for SSI prior to the final decree of adoption.
4. Children who meet one of the disability standards for SSI also meet the definition of a special needs child and therefore are eligible for adoption assistance.
5. A child can be eligible for SSI and Title IV-E Adoption Assistance at the same time. The child may not receive the full amount of benefits from both programs.
6. Applying for SSI through the Social Security Administration is often a lengthy and complicated process.
7. Meeting the disability standard for SSI prior to the final decree of adoption as a pathway to adoption assistance is almost always a better alternative for adoptive parents and their children than attempting to obtain SSI benefits for them.
Questions
But O’Hanlon, must parents submit an application for SSI to the Social Security Administration in order to use SSI as a pathway to IV-E Adoption Assistance? You just said that applying for SSI is time consuming. Are you trying to confuse us?
Actually, no. If the parent tells the agency she is applying for Title IV-E Adoption Assistance through the SSI eligibility pathway, and not applying for the SSI program itself, the agency can and, ultimately conduct an SSI determination.
How do you know that, O’Hanlon? Is this more of your delusional thinking inspired by your bitter resentment of State and County Government?
No, indeed. I bear no ill will against State and County Government in Ohio. In this case, I rely on the words of the feds and state regulations.
The federal Children’s Bureau issued a policy dated 02/25/2011 and placed it in , Section 8.2B.12, Question 3 of the Child Welfare Policy Manual, where it asked and answered the following question.
3. Question: In determining whether an applicable child who is a special needs child is eligible for title IV-E adoption assistance through the Supplemental Security Income (SSI) pathway, may a title IV-E agency make the determination that the child meets the medical or disability requirements for SSI benefits? (See section 473(a)(2)(A)(ii)(I)(bb) of the Social Security Act).
Answer: Yes. For the purposes of determining whether an applicable child who is a special needs child is eligible for title IV-E adoption assistance through the SSI pathway, the title IV-E agency may make the determination that the child meets the medical or disability requirements for SSI benefits. The title IV-E agency is not making an SSI eligibility determination on behalf of the child, as that responsibility lies with the Social Security Administration and that includes a financial eligibility component. Rather, the title IV-E agency is responsible for title IV-E adoption assistance eligibility determinations, and therefore the agency is permitted to make the determination that the child meets the medical or disability requirements for SSI benefits for title IV-E eligibility purposes.
· Source/Date: 2/24/2011
· Legal and Related References: Social Security Act - Sections 473(a)(1)(B)(ii)), 473(a)(2)(A)(ii)(I)(bb) and 473(c)(2)(B)(ii)
Here is the state of Ohio rule from the Ohio Administrative Code (OAC) 5101:2-49-02 (B)(2).
The child meets all medical and disability requirements for supplemental security income (SSI). For the purposes of determining whether an applicable child is eligible for AA through the SSI criteria, the Title IV-E agency may make the determination that the child meets the medical or disability requirements for SSI benefits.
Not so fast, O’Hanlon. Ohio rule says “may make the determination.” What if the agency decides not to?
Well, here’s the deal. If a parent applies for Title IV-E Adoption Assistance on the grounds that her child meets one of the disability criteria for SSI, the county agency must make an eligibility determination. If the county agency refuses or simply goes through the motions, the parent has appeal rights and a state administrative hearing will order the county agency to go back and make an SSI disability determination to see if the child is eligible for adoption assistance.
What if I don’t know for sure if my child’s special needs meet on of the SSI disability standards?
If you need the adoption assistance and you think there might be a chance that your child meets one of the SSI disability criteria, the I urge you to apply. You can submit an application, then gather information as part of the application and eligibility determination process. It is the agency’s job to determine eligibility, not yours!
NOTE: Be sure and keep up a dialogue with the agency about what information and documentation are required to make an SSI eligibility determination in your case.
Are county child welfare agencies likely to be experienced in conducting SSI disability determinations to see if the child is eligible for adoption assistance?
No. You will need to be active in consulting with the local disability agencies and support groups to help you make your case. The next chapter will discuss SSI disability resources.
