My Brother is retarded..Today,Social Security wiped out his Bank Account

[lib2DaBone]

My older brother is 60 years of age. He was born Downs Syndrome and suffers from mild retardation and Alzheimers.

He was on SSI, but he found a dishwashers job at Holiday Inn for $7.00 an hour. He was allowed to work 20 hours a week. He worked 21 hours, and they dropped him from SSI.

But they continued to send him money?

Today, Social Security wiped out his bank account of $600 and they wiped out his tax return of $600. He was going to use this money to buy medication for his heart condition.

He Has NOTHING! The Social Security Administration has issued a death sentence against this man who will DIE without his medication.

WTF is wrong with our country?

Something is terribly wrong ..... AIG was GIVEN $30 Billion in Tax payer money this week... not a peep heard from our media.

[Tangerine LaBamba]

1. He has a social worker?

If so, contact the social worker immediately.

Also, call your Senator and your Congressman. That's what they're there for - their staffs will help you and your brother.

This truly stinks.

[lib2DaBone]

7. He does not have a Social Worker....

We have tried to find a Social Worker to help.. but the system is SO overloaded... they won't even talk to you on the phone.

The family members have spent almost all of their savings on his health care. That's why we wanted him to work at Holiday Inn for 20 hours a week so he could at least get some type of health care.

The US Army shoots one missle in Iraq.. and the cost is $ 1 million dollrs per rocket.

Yet we can't help people in need who pay taxes on what little income they receive and try to be good citizens?

Something has to give in this system.. it is SO corrupt.

[samplegirl]

14. Wow!!! I must ask something here...

I have a girlfriend who get SSI disability and she told me they are issuing her a work ticket to go and work with a company that supports SSI.
So why would they do that??? Maybe they will take her SSI then?

He should be entitled to work 20hrs. Look that up and then do call SSI.

[happyslug]

28. Sounds like the nine month trial work period

If approved before hand a person on Social Security Disability can continue to get Social Security disability on the trial work period. If you continue to work after the nine month period, you lose ongoing SS benefits.

[Imagevision]

33. SSI wants you to attempt to gain work as they count up the weeks/months you work to

eventually disqualify you - the work ticket has I believe 12 month time limit, but you cab work 2 months one year - one month the next year however they add all the time you attempted to try to keep a job - when you hit 12 months total kis your benefits goodbye.

[MichiganVote]

16. Your relative should be linked with the local Community Mental Health service for DD services.

It is true that working over the allotted time creates a problem with benefits but he should not have lost this much. Start at the local CMH and be VERY persistent.

[toliveanddieinla]

13. Acording to this article it's $900.00 a month

"This can be a complicated question, as are most questions regarding the subject of Social Security disability. Can you work and still get disability benefits? The answer is possibly. It is possible, but it depends on the amount of money you make and when you are doing it.

The national limit, or SGA (Substantial Gainful Activity), in 2007 has been $900 gross income (for the non-blind--see your SSA for details). That means before taxes are taken out, an applicant or recipient of disability cannot earn more than $900 or the case will be denied (or benefits will be discontinued). The SGA goes up each year, so in 2008 the SGA will be $940/mo."

Here's the link to the rest of that article:

http://ezinearticles.com/?Can-I-Work-and-Still-Get-Disability-Benefits?&id=899636

[tbyg52]

27. Hey, toliveanddieinla!

Welcome to DU! :hi:

[MichiganVote]

2. Social Security is the new IRS. This is happening all over the place lately.

[Kajsa]

9. Amen to that!

They are almost worse than the IRS.

:(

[babylonsister]

3. I'd raise holy hell. Call the media, write your senators and reps.

You're right, WTF is wrong? This sure isn't right.

[merh]

4. I'm sorry to read this.

Go to the media with the story, the outrage about the bailout for the companies and the taking from those who need it the most. Go to a fox station, let them make this so political the SSI folks will have to step in to review and help do what is right for your brother.

[Tangerine LaBamba]

12. I second this one FOR SURE!!!!!!

You get on the horn to a local newspaper, TV station, anyone who will listen. This is a story that needs to be made public all over the nation.

I would urge you to write to Keith Olbermann - [e-mail].

I would also urge you - seriously - to write to our President. His staff culls the letters he reads, and ten of them go to him every day. It's the first thing he reads when he enters the Oval Office in the morning.

But, first, call your Congressman and Senator. Also your State Representative.

Make all the noise in the world, and, being the old loud-mouthed lawyer that I once was, if I can help in any way, just PM me.

[kickysnana]

5. If he has those conditions who allowed him to work the 21 hours?

[lib2DaBone]

10. Exactly. Family members left him unsupervised...

I blame the family. (and myself) We left him alone to work, and the Holiday Inn kept upping his hours during the Holidays before we caught it. I called the hotel and TOLD his Supervisor not to work him any more than 20 hours... but they did not listen.

I should have watched it more closely.. but during the holidays it got away from me. Now, we will have to pay back all this money and still will not be able to purchase medications.

[StatGirl]

11. Can you threaten a lawsuit against Holiday Inn?

That might give them the incentive to work with you on this.

I do agree that lots of media attention can make a difference.

[terisan]

20. Don't be hard on yourself. It is not easy to keep up with these things. The main thing

is making sure he gets medicine and can build up another cushion for the future.

[Kajsa]

6. Damn them! I'm so sorry, Lib2.

My son is on SSDI, so I know exactly what you are talking about.

SSA is merciless, ONE HOUR of work over their quota and they
will cut you off- No questions asked.

Is there a Regional Center near your brother?
They may be able to help him.

I'm hoping and praying everything turns out OK for him.

:hug:

[notesdev]

8. No money for that sorry

all the money is earmarked

for the friends of one politician or another

even the money you earn yourself

you cannot win

so don't even try

it is more important to cover up fraud at AIG

than for a citizen to live


um

Burma Shave?

[noiretextatique]

15. i think you should write the president

and if you can get the media involved, that would be great too. sorry :hug: this truly sucks and there's absolutely no reason for it. one hour over the limit doesn't justify the harsh overreaction.

[Traveling_Home]

17. Your story doesn't make sense - former Soc Sec Consultant

If you are on SSI you automatically get Medicaid. Simplistically - you lose $1 of SSI for every $2 of gross wages. Even if you earn enough money in a month to make your SSI check go down to $0 you still maintain your medicaid coverage, either under the SSI 1619B rule or in the case of a lot of folk with developmental disabilities, under a Medicaid DD waiver program.

I know it isn't easy but you'll have to become an expert.

Soc Sec has always been MUCH worse then IRS. His income every month is audited to change a future or correct a previous SSI check. Not even a small business man gets his books checked that often.

Scum sucking bottom feeders == Soc Sec

Always has been - always will be

[terisan]

18. I agree that you should contact your Congressperson. I assume he still has his

job and is still receiving SSI? I am impressed with his seeking a job.

I believe he should have gotten notices for awhile before they moved to his bank account. Is someone in your family acting as his guardian for SSI?

Try RXAssist for getting medications. <http://www.rxassist.org/> I haven't used one of these programs for years but clients I had were able to get free medications. He can ask his doctor's office for help in accessing this also.

Might you tell us which state he is in ? Does he have a case manager?

[lib2DaBone]

21. Thank you. All good ideas. Yes..something doesn't make sense on his account?

That's just what I thought? Why did the continmue to send him money and then go to his account so quick?

I have to work all day , so I find it hard to wait on hold for hours at a time ..trying to talk to SSI. I am not an attorney... and I think an attorney is what is needed here.

[PA Democrat]

32. I'm not sure what support groups may be able to provide assistance in your state.

The Arc may be able to refer you to someone who can help. Some Arc chapters have people who will advocate for brother at no charge or at least be able to provide you with good information on what your options are.

I also say contact your local media. When my daughter was first diagnosed with autism we found a reporter who did a wonderful story on the need for better early intervention services for kids with autism.

Please keep us posted on what's happening.

[chill_wind]

19. This is outrageous.

And your comparative framing (AIG, cost of waging an illegal war by the minute) is dead on.
That's exactly how you should present it to anyone who will listen. I am incredibly sorry for your anguish. We cared for a family member with similar needs and issues for many years, who just passed away in his 40's. It is a rotten system!

Cost of War

http://www.nationalpriorities.org/tradeoffs?location_type=1&state=888&program=577&submit_tradeoffs=from_costofwar&tradeoff_item_item=999

Wall Street

http://www.nationalpriorities.org/tradeoffs?location_type=1&state=888&program=581&tradeoff_item_item=999&submit_tradeoffs=Get+Trade+Off

[efilon]

22. Can't he draw SSDI based on your parents' income?

I don't know if this is correct or not but I would think because of the Downs' Syndrome he would be eligible to collect SSDI instead of just SSI which might mean a larger income for him and possibly being able to work more hours if needed. See below. and here is the url


Also, if your brother is receiving only SSI I would think he would be eligible for Medicaid which covers Dr. visits and medications if I'm not mistaken. I guess this would depend on what state you live in. I do know that my niece is on SSI and is on Medic-Aid which covers her dr., hospital stays and medications.



Certain members of your family may qualify for benefits based on your work. They include:

* Your spouse, if he or she is 62 or older;
* Your spouse, at any age if he or she is caring for a child of yours who is younger than age 16 or disabled;
* Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be under age 18 or under age 19 if in elementary or secondary school full time; and
* Your unmarried child, age 18 or older, if he or she has a disability that started before age 22. (The child’s disability also must meet the definition of disability for adults.)

[earth mom]

23. It is CRIMINAL what this country is doing to the disabled and mentally ill!!!

The government has protected the pharma giants from litigation from the vaccine damage they have done to children who now have autism because of them! Now those children are doomed to become homeless in their later years because there will be no one to take care of them and NO money/resources in place to take care of them!!! :grr:

Don't agree with me? Look no further than the thousands (or is it millions?!) of mentally ill & disabled people in this country who are homeless right now! :argh:

[Melinda]

24. Is your brother in FL? If so, get him to local social services and apply for ...

medically needy services. Explain to the intake eligibility worker that he needs immediate coverage as he will die without his heart meds. The FL Dept of Social Services can and should process him the same day so that he can get his meds now.

You should also contact the Adult Protective Services Agency to see a social worker immediately. They can help or direct you to someone who can assist in resolving this SSI clusterfuck.

Good thoughts are sent your way... and best of luck to you both. :hug:

[KamaAina]

25. Work Incentives Planning and Assistance

f/k/a BPAO (Benefits Planning And Outreach). Every state has at least one.

Here's a map showing the WIPA agencies in FL:

http://www.fmqai.com/library/attachment-library/WIPA%20Map.pdf

[jillan]

26. Who is his legal guardian?

Contact the local office Of Dev. Disabilities and tell them that this is an EMERGENCY.

Contact his local government official.

Contact a disability attorney.

THERE HAS TO BE SOMEONE WHO CAN INTERVENE.

Please keep us posted. :hug:

[KamaAina]

30. Who says he has to have one?

Guardianship is no longer considered best practice. Most states are moving toward alternatives such as special needs trusts.

Of course, this wouldn't have been the case 40 years ago when this person came of age, so the question is still valid.

[happyslug]

29. You need to give me some more information

First 21 hours x $7 an hour = $147 per week x 4.1 = $602.70 per month. $674 is the SSI amount for 2009, $637 is the SSI amount for 2008. The rule for work and work is you take the income, subtract $30 then take the remainder and subtract 1/3. This remainder then is used to reduce your SSI. Given the above number ($602.70 per month) less $30, leaves $572.70, divided by three Equal = $190.90. $572.70 less $190.90 Equals =$381.80. If this was in 2008, SSI= $637 less $381.80 = $255.20 SSI he should still be receiving.

A second problem is income this month is used to reduce your SSI two months later, this December Income is used to reduce SSI in February.

If he was overpaid in the past, SSA can withhold SSI till the overpayment is paid back in full. He should have been told of this in a paper from SSA and in that letter he would have been given 10 days to object AND retain his monthly SSI payment till a hearing is held. In that letter he would have also been told he had 60 days to appeal, but if made after the 10 day period, you have to wait till the hearing OR the re-payment is made in full (whichever comes first).

[EmilyAnne]

31. That is outrageous. My cousin had Down Syndrome and she worked as a sacker at a grocery store for

many years and I am almost certain that there were times that she worked 25 to 30 hours without losing her Medicaid. Medicaid was automatically approved with the SSI approval. Do you know if your brother is getting Medicaid?

What an awful ordeal for your brother and your whole family.
Has he missed any medication yet?

I guess the drop from SSI is that his hours put him over the income? I think the max is 650 now.
Please, let us know how he is doing.