Tag: SSI

School to Adulthood: Planning for Life after High School

Posted on by Nicol Walsh

A Brief Overview

  • Transition planning helps students with disabilities prepare for life after high school by exploring goals, building skills, and learning about education, employment, and community options.
  • In Washington State, all students are required to complete a High School and Beyond Plan (HSBP), usually beginning in middle school, as part of graduation requirements and transition planning.
  • Students with an Individualized Education Program (IEP) must have a transition plan with individualized Transition Services by the school year in which a student turns 16.
  • Students remain eligible for special education until they earn a diploma or reach age 22 and may participate in graduation ceremonies at the end of their senior year, regardless of when they will earn a diploma, under Kevin’s Law.
  • At age 18, legal responsibility for education transfers to the student, and schools must explain these rights ahead of time. For students who need help making or understanding decisions, families can continue to support them through options such as being invited to the IEP team, Supported Decision Making (SDM), or, when needed, legal arrangements like Power of Attorney or guardianship.
  • PAVE provides a Transition Planning Timeline in this article, available for download in multiple languages.

What is Post-Secondary Transition planning, and why is it important?

For families supporting a young person with a disability, it’s never too soon to begin planning for the years after high school. Post-secondary transition planning is the process of getting ready for life after graduation.

Transition planning benefits both families and students by:

  1. Letting them know about options and resources for an adult with disabilities
  2. Giving students time to think about their future and develop goals
  3. Allowing students to practice self-advocacy and self-determination, two skills adults need to be as independent as possible

Transition planning is so important that the Office of the Superintendent of Public Instruction (OSPI) requires all students to complete a High School and Beyond Plan (HSBP), usually beginning in seventh grade, in order to graduate. OSPI also provides a summary of transition supports and services to help students, families, and caregivers understand how transition planning aligns with the HSBP. Several Washington state agencies worked together to create a downloadable guidebook that explains how required school plans fit together: Guidelines for Aligning High School & Beyond Plans (HSBP) and IEP Transition Plans.

Transition Planning in the IEP

The right to a Free Appropriate Public Education (FAPE) includes the right to school-based services that prepare a young person with a disability for adult life. These services include planning for life after high school. For students who have an Individualized Education Plan (IEP), the transition plan is the document that will describe those planning goals and the steps a student will take to reach them. The IEP must include a Transition Plan with individualized Transition Services by the school year in which a student turns 16.

When a Transition Plan is added to the IEP, the focus shifts toward goals for life after high school. Families and students can help guide planning by considering three key questions:

  1. Where am I now?
    Consider strengths, interests, and current skills. These are often described in the IEP’s Present Levels of Performance.
  2. Where do I want to go?
    Think about dreams and post-secondary goals for education, work, and living.
  3. How do I get there?
    Consider courses, transition services, activities, supports, accommodations, and community connections.

When a transition plan is ready to review for completeness, students and families can ask these questions:

  • Is the transition plan age appropriate? (IEP transition plans can be updated as the student gets older).
  • Is information used to develop the plan gathered from more than one assessment? (This may include both informal and formal assessments.)
  • Do the post-secondary goals consider all areas of life after high school, including employment, further education, independent living, and community engagement?
  • Are goals SMART: Specific, Measurable, Achievable, Relevant and Timely?
  • Is there a target graduation date included in the IEP?

Student Self-Advocacy

As students move toward adulthood, opportunities to practice skills of self-advocacy and self-determination become increasingly important. One way to build these skills is to encourage students to participate actively in their IEP meetings. PAVE provides a student-friendly article on this topic: Attention Students: Lead your own IEP meetings and take charge of your future.

The RAISE Center (National Resources for Advocacy, Independence, Self-determination and Employment) has a blog with transition-related news, information, ideas and opinions.

Families can help a student envision the future and start to see how to get there through conversations at home. There are a variety of tools available to aid this process, including:

Informing Families offers LifeCourse: High School Transition Toolkit, available for download in English and Spanish.

Graduation Requirements

To earn a high-school diploma in Washington State, students must:

The graduation standards for a student eligible for special education are the same as for other students. In our state, a district’s flexibility in determining which students meet those requirements comes from the Washington Administrative Code (WAC 180-51-115). Each school district has its own policy, and families can request a copy.

Each school district determines the precise guidelines for students to meet the requirements of the High School and Beyond Plan, and some schools use tools with different names. A good way to participate in making sure your student has a robust plan is to become familiar with the state-recommended format and then compare this tool to your school’s requirements and the student’s specific IEP programming.

A student remains eligible for special education until graduation requirements are met, and the student has earned a high school diploma (WAC 392-172A-02000), or until age 22. The student’s IEP team determines the student’s graduation plan, including the planned graduation date.

Students with disabilities seeking a diploma through General Educational Development (GED) testing may be eligible for testing accommodations. A website called Essential Education lists disability conditions that may qualify a person for testing supports.

In the meantime, a student can participate in commencement ceremonies at the end of a traditional senior year, with peers, under a Washington provision called Kevin’s Law. Families may want to plan well in advance with school staff to consider how senior year events are accessible to youth with disabilities. Plan early for needed accommodations at senior year events.

Agencies that Can Help with Transition Planning

Washington State’s Division of Vocational Rehabilitation (DVR) provides services for high-school students engaged in transition planning as well as adults seeking employment. Each school is assigned a DVR counselor to assist with pre-employment training. Department of Health and Human Services (DHHS) provides a list of school DVR counselors, including their names and phone numbers. Youth and families may also receive pre-employment counseling through an Apple Health (Medicaid) program called Foundational Community Supports.

DVR’s website includes a section with information about Tribal Vocational Rehabilitation (TVR), which is available for people with tribal affiliations in some areas of the state. Each TVR program operates independently. Note that some TVR programs list service areas by county, but that sovereign lands are not bound by county lines. Contact each agency for complete information about program access, service area, and eligibility.

Center for Deaf and Hard of Hearing Youth (CDHY) provides services for individuals who are deaf or hard of hearing. This statewide resource supports all deaf and hard of hearing students in Washington, regardless of where they live or attend school.

Washington’s Department of Services for the Blind (DSB) provides services for individuals who are blind or living with low vision. Youth services, Pre-Employment Transition Services (Pre-ETS), Vocational Rehabilitation, Business Enterprise Program, mobility, and other independent-living skills are served by DSB.

Developmental Disabilities Community Services (DDCS, formerly the Department of Developmental Disabilities or DDA) also has a variety of school-to-work and waiver programs that support youth. PAVE offers a video to support families through the DDCS eligibility process. An article gives further detail: How to Prepare for a DDA Assessment.

Not all youth with disabilities are able to access employment-related services through DVR, TVR, DSB, or DDCS. A limited additional option is Goodwill’s Digital Work Opportunity Center. Students can take classes at their own pace for skills development. Employment skills, workplace readiness, interviewing skills, and more, are part of the training materials.

Transition Planning Timeline

Check these milestones to ensure high school paves a pathway for young adult success and achievement:

Ages 13-14: Student begins a High School and Beyond Plan (HSBP) in middle school.

Ages 15-16: IEP includes a transition plan aligned with the HSBP. The student is a member of the IEP team, which plans a pathway toward a diploma and target graduation date.

Age 16: Get a state identification card. Consider Pre-Employment Transition Services from DVR/TVR/DSB or School-to-Work planning with DDCS.

Ages 17-18: Coursework, IEP, HSBP, DDA/DVR/TVR all support student’s life goals and progress toward a diploma.

Age 18: Register to vote! Participate in commencement and senior year activities, regardless of when the diploma is earned.

Ages 18-19: Student may continue education in a high school transition program.

Ages 20-21: Student earns a diploma. They may apply for individualized employment support from DVR/TVR/DSB or DDA.

High School Transition Timeline (English)

Download the Transition Planning Timeline
English

When a Student Turns 18

A student takes charge of educational planning and programming at the Age of Majority, which is 18 in Washington. According to the Washington Administrative Code (WAC 392-172A-03090), “Beginning not later than one year before the student reaches the age of 18, the IEP must include a statement that the student has been informed of the student’s rights under the act, if any, that will transfer to the student on reaching the age of majority.”

When a person 18 or older has a disability, family members may want to stay involved in helping them make decisions. They have a few options if they wish to continue to have rights to participate in their child’s education:

  1. The student can choose to include “other individuals who have knowledge or special expertise regarding the student” on the IEP team (WAC 392-172A-03095).
  2. Supported Decision Making (SDM) is a voluntary option that allows adults with disabilities to choose trusted supporters while retaining their legal rights. Washington law (Revised Code of Washington, RCW 11.130) includes SDM as an option under the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.
  3. More formal options, which may involve legal actions on the part of the family include Adult Guardianship and Conservatorship, Informed Consent (medical), Power of Attorney, and several options for handling finances.

Families should clearly understand what roles and powers parents will retain under any arrangement with the school. Without guardianship or Power of Attorney, the student will need to sign consent for parents to attend meetings, participate in decision-making, and access records.

For youth who struggle with behavioral health, transitions can trigger some additional challenges. These resources may provide some helpful tips:

Student Rights after High School

An IEP ends when a student leaves secondary education. However, the protections of the Americans with Disabilities Act (ADA) and of Section 504 of the Rehabilitation Act of 1973 are ongoing throughout the lifespan.

These laws provide for appropriate accommodations in public programs and facilities. The IEP accommodations page or Section 504 Plan may be shared with colleges, training programs, or employers to help ensure these protections continue. The disability services office at institutions for higher learning includes a staff member responsible for ensuring that disability rights are upheld. PAVE’s College Readiness Workbook includes articles, tools, and worksheets to help students prepare for college, understand disability supports, and request accommodations.

Graduation’s over: Why is school calling?

Schools are responsible for tracking the outcomes of their special education services. They need to ask about a graduate’s life after High School to do so. Here’s an article to help families get ready to talk about how things are going: The School Might Call to Ask About a Young Adult’s Experience After High School: Here’s Help to Prepare

Benefits Planning and Adult Services

A consideration for many families of a youth with disabilities is whether lifelong benefits are needed. Applying for Supplemental Security Income (SSI) just past the young person’s 18th birthday creates a pathway toward a cash benefit and enables the young person to access Medicaid (public health insurance) and various programs that depend on Medicaid eligibility.

The Washington Initiative for Supported Employment (WISE) provides benefit planning information and resources.

Explore Related Tools and Resources

PAVE offers a training video to help you understand the transition process, Life After High School: Tools for Transition, also available in Spanish (La Vida Después de la Preparatoria – Herramientas para la Transición).

PAVE provides a printable Planning My Path Toolkit for youth and young adults that includes:

Students experiencing disabilities can get personalized support from PAVE by filling out a Support Request or call 1-800-572-7368.

ABLE: An Account to Overcome the SSI Resource Limit for Adults with Disabilities

Posted on by Nicol Walsh

Living with a disability can be challenging, especially with financial limitations. The Stephen Beck Jr. ABLE Act of 2014 allows individuals with disabilities to save up to $20,000 annually without losing their benefits. These ABLE accounts can be used for various Qualified Disability Expenses, such as housing, education, and health. Learn more about how ABLE accounts can help improve your quality of life and financial independence.

A Brief Overview

  • The Stephen Beck Jr. ABLE (Achieving a Better Life Experience) Act of 2014 allows individuals to save up to $20,000 annually without affecting their public benefits.
  • An account holder may save up to $100,000, bypassing the $2,000 resource limit for Supplemental Security Income (SSI), Medicaid, and other public benefits programs.
  • Funds may be used for qualified disability expenses (QDEs) that improve or maintain the account holder’s health, independence, and/or quality of life.
  • ABLE accounts are savings accounts and the account holder may choose to distribute a percentage of the funds to investments, including stocks, bonds, and mutual funds.
  • Forty-five states and the District of Columbia have ABLE Savings Plans with some states accepting out-of-state enrollment.
  • Washington State ABLE Savings Plan began in 2018, following Oregon ABLE Savings Plan, so some Washingtonians signed up early through that option or through the national ABLE For ALL Savings Plan.
  • PAVE provides a Qualified Disability Expense (QDE) Tracking Form, available in multiple languages.

Introduction

Living with a disability can be difficult and costly. Adults who receive benefits from the Social Security Administration because of disability often are challenged to improve their life circumstances because of a $2,000 resource limit. This limit means that a person receiving payments from Supplemental Security Income (SSI) or the Social Security Disability Insurance (SSDI) program cannot have a bank account balance or any other resources on hand that exceed $2,000, without losing part of their benefit.

Savings of $2,000 or less can be limiting for someone who might want to move into a new home, invest in a vehicle or save for higher education or a vocational training program.

What is the Able Act?

The government provides a way for individuals with disabilities to overcome this barrier and save money. The Stephen Beck Jr. ABLE (Achieving a Better Life Experience) Act of 2014 allows individuals to save up to $20,000 annually without losing benefits. ABLE is modeled after college savings plans. The savings and/or investment account bypasses the SSI resource limit and can grow interest tax-free.

There are some restrictions:

  • The account holder must meet criteria for a disability that began before age 46.
  • The account may not receive more than $20,000 per year.
  • If the account balance exceeds $100,000, Social Security benefits are impacted but Medicaid benefits will remain in place.
  • Most accounts have a total lifetime balance limit of $500,000.

Beginning January 1, 2026, the age criteria increased from 26 to 46 years of age. Under this expansion, many adults who were previously not eligible because their disability began after age 26 will now qualify to open an ABLE account for the first time. This adjustment is significant because thousands of people who became disabled in young or mid‑adulthood, including through injury, illness, or newly diagnosed conditions, will gain access to a savings option that protects their eligibility for public benefits

How can money In an ABLE account be used?

ABLE account money may not be spent on just anything. Generally, the funds can be used to pay for expenses that may help improve or maintain health, independence and/or quality of life. These are called Qualified Disability Expenses (QDEs). In this webinar recording, presented by ABLE National Resource Center, the ABLE expert presenters noted that “QDEs should be broadly understood and should not be limited to expenses for which there is a medical necessity or expenses that provide no benefits to others (outside of the benefit to the beneficiary).”

Here are a few examples of qualifying expenses: 

  • Housing
  • Education
  • Transportation
  • Personal support services
  • Assistive technology
  • Health and wellness
  • Employment training and support

ABLE accounts are subject to IRS or SSI audits, so the account holder should keep a record of how money has been used, including:

  • the purpose or cause of the expense
  • how the expense relates to improving or maintaining health, independence, and/or quality of life
  • a copy of the proof of purchase or payment

Qualified Disability Expense Tracking Form

PAVE has created a QDE Tracking Form to make it easier to keep track of your ABLE account activity.

Download the Qualified Disability Expense Tracking Form:
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What type of financial account is ABLE?

The ABLE account is a savings account, insured by the Federal Deposit Insurance Corporation (FDIC). A chosen percentage of funds in the account may also be allocated as uninsured investment money. The account holder can choose a low-, median-, or high-risk investment strategy. Low-risk is the safest, most conservative option, with the lowest possibility for return. A high-risk investment might make more money but also could lose more. A median-risk investment is somewhere in between. Based on the account holder’s choice, the money is automatically allocated into some combination of stocks, bonds, and mutual funds.

An individual considering these options may want to consider how long the money will be in the market and risk tolerance. ABLE does warn that invested money is not insured and that money, including principle, may be lost over the course of an investment period.

The account holder, family and friends can deposit funds into the account using post-taxed dollars. Contributions are not federally tax deductible; however, some states may allow for state income-tax deductions for contributions made to an ABLE account.

Where are ABLE programs available and open for enrollment?

Although the program was federally enacted, ABLE is state-run. Washington’s program opened for enrollments in July 2018. So far, enrollments have been low, with the State Department of Commerce reporting that only a few hundred people have opened accounts. Commerce estimates about 30,000-50,000 people in Washington are eligible for the ABLE Savings Plan and have the financial assets to open an account.

Forty-five states and the District of Columbia have ABLE Savings Plans. Oregon’s plan was a year and a half ahead of Washington’s, so some Washingtonians signed up early through that option or through the national ABLE For ALL Savings Plan.

Individuals can shop around for the best program to meet their needs, and some states accept clients from all 50 states, including Virginia, Ohio, Nebraska, and Tennessee. Virginia is among the few states that issue a debit card for the account. The ABLE National Resource Center provides tools for reviewing the various state programs to find the best fit. Washington State ABLE Savings Plan links directly to a clickable form to determine eligibility.

Learn More

Dial 711 for Telephone Relay Service (TRS) or teletypewriter (TTY), or call:

Additional Resources:

What Will Happen When We’re Gone? Planning for the Future for Your Child with Disabilities, Part 2: Age 13 through Adulthood

Posted on by Nicol Walsh

Overview:

Full Article

Thinking about the future when you will no longer be available to help your child because of death or a condition where you cannot participate in their care can be emotionally difficult. On top of that, this planning process is full of important decisions with significant impacts on your child’s future. To prevent being overwhelmed, it may help to review the entire article, and then tackle the tasks and steps needed to create a plan.

When your child is between age 12 and age 18

Review all the basic legal and financial arrangements you have already made. What needs to be changed? Are the guardians, financial managers, powers of attorney agents and trustees still ready and able to take on those responsibilities? If not, make an appointment with your attorney to change the terms of, or create your will, powers of attorney, and Special Needs Trust. You may also wish to begin an ABLE account for your child’s benefit. Information about these arrangements is available in PAVE’s article, What Will Happen When We’re Gone? Planning for the Future of Your Child with Disabilities PART 1 Ages Birth to 12.

Does your child aged 13 or older have a Health Care Transition Plan?

Does your child have a person-centered plan that includes their own future desires and the people they want to be in their lives?  If so, it’s a good idea to consult the plan when considering your legal and financial documents, and your Letter of Intent.

If your child does not yet have a person-centered plan (PCP), you can suggest it and encourage and support them to create one.

A Person-Centered Plan is an individual’s plan for their future-their wishes about what they want to do with their life. What current and future living arrangement do they want? Do they want to work, and if so in what field? Do they want more education or training after high school? What about personal relationships—dating, partnering/marrying, general social life? A PCP explores all areas of a person’s life. It’s flexible and updateable. If an individual with disabilities needs some assistance to develop the plan, they can select the people to give them that help and support.

PAVE has resources about the process of creating a PCP:

Other typical future planning in this time period:

When your child is an Adult (age 18 in Washington State)

Legal documents to create or update:

A will. Your child is no longer a minor, so you do not need to identify a guardian for them. If your child receives government benefits (SSI/SSDI, Medicaid) you will want to make sure your child’s inheritance does not go directly to them when you die, but is distributed to a Special Needs Trust or ABLE account.

Power of Attorney: Because your child is now a legal adult, you cannot make decisions for them any longer and you will not need a Power of Attorney to make decisions on their behalf.

Letter of Intent: Create it or update it to support your adult child’s life plans as described in their person-centered plan. It’s not a legal document, but you can keep copies of it with your will to show that your wishes support your child’s ability to make decisions about their life (depending on their level of disability).

Depending on your child’s disability, they may be able to work, live independently and manage their own finances and health care, possibly with various levels of support. On the other hand, most parents want to protect their child from making decisions on their finances, housing, employment, etc., which may not turn out well because of the child’s inexperience or level of disability.

There are several legal options for an adult child to be provided support in decisions about their lives and in their day-to-day living. Some are very restrictive of a person’s rights to make decisions about where they will live, whether they have a say in how their money is spent, employment, education and even their own health care.

The least restrictive option is Supported Decision-Making (SDM). It’s a legal agreement to make sure an adult with disabilities has trusted helpers watching out for their well-being. An SDM agreement does not remove the adult individual’s rights but creates a way for the individual and their supporters to make choices together. This is a fairly new legal option as Washington added this option to the Uniform Guardianship, Conservatorship and Other Protective Arrangements Act in 2020. There may be a small fee to have the signatures on the document notarized. It does not have to be filed with the court, but copies should be provided to health care providers and the originals should be kept safely.

If your adult child has a person-centered plan, it can help with identifying supporters in the SDM agreement—and vice versa!

PAVE has a resource about this option, which includes links to other resources and supports to help parents and adult children understand how this option works: Supported Decision Making is an Option for Adults with Disabilities. The list of options below is from that article.

Another option is Conservatorship of an Adult, in which a court-appointed person makes property and/or financial decisions for the adult with disabilities. Like guardianship below, the petition may be denied if less restrictive options are not tried first.

Lastly, there is Guardianship of an Adult, in which a court-appointed person makes decisions for the adult with disabilities. Guardianship may be combined with Conservatorship. Guardianship is the most restrictive option and may not be granted unless there is evidence that less restrictive alternatives are unworkable.

Washington Law Help has more information on Guardianship of an Adult and other protective arrangements.

Informed Consent: This is a limited option for supporting medical decisions when a healthcare provider determines that an individual is unable to properly understand their condition or make fully informed decisions (RCW 7.70.065). Note that an individual with a Supported Decision Making (SDM) agreement may be able to demonstrate they can make their own decisions about healthcare with the help of their supporter.

Power of Attorney: An individual (in this case, your adult child) can sign a legal document to give someone else power to make decisions on their behalf under limited or general circumstances. A Mental Health Advance Directive, to be invoked if someone with a mental illness loses capacity, is an example of a limited Power of Attorney document that an individual might choose to sign. Washington Law Help provides a Q and A on Powers of Attorney.

Representative Payee: The Social Security Administration (SSA) may determine that an individual receiving benefits needs a payee to manage their income. If an individual disagrees with the administration’s decision to appoint a payee, they must present evidence of their ability to manage their money. Disability Rights Washington (DRW) provides information about how to change, remove or report a representative payee.

Protective Arrangement: A court-appointed person makes decisions for the person with disabilities related to specific and limited conditions, such as specific medical decisions or contact with a specific individual who might cause harm. The Vulnerable Adult Protection Act provides protection to adults in Washington State who meet one or more of these criteria:

  • 60 or older and functionally, mentally, or physically unable to care for themselves
    • Have a court-appointed guardian
    • Have a developmental disability
    • Live in a nursing, adult family, or boarding home or other facility
    • Served by home health, hospice, or home care agencies
    • Receive services from an individual care provider or personal aide

NOTE: Anyone who suspects physical harm, someone being held against their will, sexual abuse, neglect, financial exploitation, or abandonment can call Adult Protective Services at 1-877-734-6377 or Report Online.

Adult dependent children and family members of military may continue to receive military benefits, including access to installation facilities (like medical services, recreational programs, and family supports) once they’ve aged out of dependent status under Secondary Dependency. To qualify, the individual must be:

  • A qualifying family member, including an adult child with a disability
  • Unmarried
  • Unable to support themselves due to a mental or physical disability that began before age 21, or age 23 if they are a full-time student
  • Receive more than 50% of their living expenses or financial support from the servicemember

Establishing secondary dependency includes an application process through the servicemember’s branch of service and a disability determination. For more information, contact the Exceptional Family Member Program (EFMP) closest to you for more information.

For more information on wills, powers of attorney, Special Needs Trusts and ABLE accounts, see What Will Happen When We’re Gone? Planning for the Future for Your Child with Disabilities Part 1: Ages Birth to 12.

Additional Resources

What Will Happen When We’re Gone? Planning for the Future for Your Child with Disabilities, Part 1: Ages Birth to 12

Posted on by Nicol Walsh

Overview:

Full Article

Thinking about the future when you will no longer be available to help your child because of death or a condition where you cannot participate in their care can be emotionally difficult. On top of that, this planning process is full of important decisions with significant impacts on your child’s future. To prevent being overwhelmed, it may help to review the entire article, and then tackle the tasks and steps needed to create a plan.

Legal Planning. You will need:

  • A will:If you die and either don’t have a will or don’t specify a guardian in your will, the courts will appoint someone, and it won’t necessarily be a family member. It could be a complete stranger. A will usually includes almost all your instructions for how you want your child to be cared for when you die.
  • A Letter of intent: It expresses your wishes for your child which are not included in the will. It has no legal standing, but acts as a guide for guardians, Power of Attorney agents, and trustees.  It can be provided to your selected guardians and a copy can be saved with the lawyers who helped you set up your will and Powers of Attorney.
  • Powers of Attorney (POAs): Create agents, people who can legally act on behalf of your child for financial, health care and other life areas. They are selected by you, for after your death or when you are temporarily or permanently not capable of caring for your child. These agents do not have to be the same people you select as guardians. These are legal documents best prepared with the help of a lawyer and must be notarized.

Wills:

Who will be your minor child’s guardian? What will they need to know about your child?
How will your child be financially supported while a minor? It’s recommended that parents select someone different than the guardians to manage their child’s finances. Think about close friends as well as your parents or siblings. If your child is older, think about adults with whom your child has a bond. This can help if you want your child to continue in their current school, job, or neighborhood.
List each child individually when naming a guardian, and list all your minor children. Probate courts will not assume you want the same guardian for all your children unless you list them that way and might appoint a separate guardian for unlisted children!

            For ex: “I/We name Harold and Maude Green as guardians for our minor children Georgia Brown, Michael Brown, and Theodore Brown”.

Important: Do not directly leave your child with disabilities any money or assets in your will. Instead, have that child’s share of their inheritance pass to a Special Needs Trust and/or ABLE Account (as described below). Note that in this situation, it’s good to have a lawyer draw up the will to make sure that the inheritance does not impact your child’s current or future benefits, such as Social Security programs or Medicaid.

Financial Planning

Government Benefits: For the present time, and for your child’s future

Supplemental Security Income (SSI) for your child at any age. The SSI program makes cash assistance payments to aged, blind, and disabled persons (including children) who have limited income and resources. Many states pay a supplemental benefit to persons in addition to their Federal benefits.

People who qualify for SSI may, in some states, qualify for Medicaid health insurance, which is either free or low-cost.

Social Security Disability Insurance (SSDI) program for disabled and blind persons. The amount of the benefit is based on your child’s contributions to Social Security OR based on the parents’ earnings. Your child must meet Social Security criteria for disability.

Social Security Administration provides a useful comparison chart on important differences between the two programs on their Red Book page.

Payments from either program are often not enough to pay for everything your child may need or want, and any money or assets in your child’s name may cause their Social Security benefits, Medicaid coverage, and other benefit programs (supported housing, SNAP /food stamps, etc.) to be cut back or eliminated.

Funding your child’s future directly

Special Needs Trusts and ABLE accounts are ways to provide for your child financially that do not reduce their government benefits. They differ in many ways, with their own pros and cons. You might wish to have both an SNT and an ABLE account based on your family’s circumstances.

An ABLE account is a tax-advantaged savings account that can fund disability expenses. Currently, the beneficiary of the account (the person with a disability) must have acquired the disability before age 26, and this age limit will increase to before age 46 on January 1, 2026. The beneficiary of the account owns the funds. Interest (income) earned by the funds will not be taxed. Anyone can contribute to the account (the individual with disabilities, their family members, friends, or a Special Needs Trust).

The funds in the ABLE account are generally NOT COUNTED as income or assets against an individual’s eligibility for SSI, Medicaid, and other programs with income and asset limits, such as federal student aid, HUD housing programs, and SNAP (food stamp) benefits.

Money from an ABLE account may be used for disability-related expenses to supplement benefits through private insurance, Medicaid, SSI, employment, and other resources. The ABLE National Resource Center gives specifics on ABLE accounts on their website.

Special Needs Trust (SNT): A trust is a legal “tool” for managing funds, and Special Needs Trusts are set up so that the beneficiary of the trust, in this case your child with disabilities, can have the funds used on their behalf. Money in the SNT is not counted against income limits for government benefit programs. You can arrange for the Special Needs Trust to be the beneficiary for life insurance policies and retirement plans. You can let friends and relatives know that they can give or leave money/assets to your child through the trust.

Government benefits will cover most of the basic needs while monies from the trust can pay for your child’s wants. Only a qualified attorney should set up the trust. If it is done incorrectly, your child’s benefits could be at risk.

There are several types of SNTs. The one most commonly set up by parents or guardians for a child is called a third-party special needs trust, which means that the funds in the trust are from someone other than the child. Military parents may designate Survivor Benefit Plan payments to an adult dependent child with disabilities, but only through a first party trust.

NOTE: Unlike ABLE accounts, which were set up according to federal law, there is no “official” source of information on Special Needs Trusts. Many elder and disability law practices will have information on their websites about SNTs. Additional information from disability organizations can be found at:

ARC of the United States: Type “Special Needs Trust” in the search bar to find a large number of articles on the topic, not only for individuals with developmental disabilities.

Military OneSource: Type “Special Needs Trust” into the search bar for military-specific information on SNTs.

It’s important to know that a professional should help you create the SNT. Consult with an attorney with expertise in elder and disability law. When naming trustees, it’s important to not only name yourselves, but to name backup (“secondary”) trustees to cover situations when you are not able to act as trustees. Setting up secondary trustees is separate from setting up agents using a Power of Attorney (POA). The authority of an agent under a POA may not be accepted by the financial or legal organization where the trust funds are held. You may choose to use the same individuals you selected for your financial POA, or different people.

Special Needs Alliance “is a national alliance of attorneys for special needs planning.”  They have a directory of attorneys which currently lists two attorneys in Washington State who are members of that organization.

You can search for attorneys with SNT experience through the American Bar Association.

Legal work can be expensive! Here are some resources to seek out free or low-cost help and referrals:

  • WashingtonLawHelp.org: This website has articles on topics about future planning, such as wills, guardianship of children and adults, alternatives to guardianship, Powers of Attorney, and information for non-parents raising children along with many others
  • CLEAR intake hotline: “CLEAR is the statewide intake line for free and low-cost civil legal aid in Washington. Call 1 (888) 201-1014 or use the online intake form on the website. Seniors (people age 60 and over) can access intake by calling CLEAR*Sr at 1 (888) 387-7111. Veterans may dial 1 (855) 657-8387”.
  • ABA Home Front: If you are military, and you do not wish to use your Judge Attorney General (JAG) or they do not have experience with Special Needs Trusts or other future planning when your child has a disability, the American Bar Association has several programs, including free or low-cost options, to locate an attorney or program with a focus on military families. Veterans can get free legal answers on this website, too!

For information on future planning steps in your child’s teen years and through adulthood, see PAVE’s article: What Will Happen When We’re Gone? Planning for the Future for Your Child with Disabilities, Part 2: Age 13 through Adulthood

Supplemental Security Income (SSI)

Posted on by Nicol Walsh
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A Brief Overview

  • Supplemental Security Income (SSI) is a monthly financial payment made to persons meeting specific eligibility requirements defined by the Social Security Administration (SSA).
  • A person may be eligible for SSI if they are aged, blind or disabled; have limited income and resources; and are a citizen or resident of the United States.
  • SSI is different from Social Security Disability Insurance (SSDI), which is an insurance that workers earn by paying into taxes on their earnings.
  • There is a special rule that allows dependent children of military families serving on overseas assignments to begin or continue receiving SSI benefits while outside of the United States.

Full Article

What Is SSI?

Supplemental Security Income (SSI) is a monthly financial benefit from the Social Security Administration (SSA) to people with limited income and resources who are age 65 or older, blind or disabled.  Blind or disabled children, as well as adults, can get SSI.

Eligibility Requirements

To be eligible for SSI, a person must meet specific eligibility criteria, including:

  • SSA definitions of aged, blind, or disabled
  • Having limited income and resources
  • Citizenship or residency status

Aged Determination

A person who is 65 years of age or older may qualify for SSI as “aged” if they also meet the financial determination.

Blind or Disabled Determination

SSA defines “blind” as seeing at a level of 20/200 or less in the better eye with glasses or contacts, or having a limited field of vision that can only see things at within a 20-degree angle or less in the better eye.  A person with a visual impairment that does not meet the criteria for blindness may still qualify for SSI based on the disability.

An adult or child may qualify for SSI as “disabled” if they have a physical or mental impairment that can be medically diagnosed through clinical and laboratory diagnostic techniques for anatomical, physiological, and psychological irregularities. The condition must cause marked and severe functional limitations, including emotional or learning challenges, that have lasted or are supposed to last for at least 12 months without interruption.

A person aged 18 or older must qualify as an adult, which includes proving they are unable to do substantial gainful activity.  Two (2) months before a child receiving SSI benefits turns 18, SSA will conduct a disability redetermination to determine whether the child meets the adult criteria to continue receiving SSI payments.

Eligibility for disability is determined by a team that includes a disability examiner and a medical or psychological consultant at a state agency known as the Disability Determination Service (DDS).  The team will review medical and financial documents, and determine eligibility based on the documents provided or request more documents be provided.

It is necessary to complete both disability and financial determinations when assessing eligibility. This is because SSI eligibility determination may be used in other programs within your state. 

Limited Income and Resources

SSI is a needs-based program. In order to receive SSI, the applicant must have limited income and resources.

If the applicant has too much income, their application will be denied, and they will be ineligible for SSI payments. A child does not earn income so part of their parent’s income will be attributed to the child. Different sources of income are treated differently and some have greater exclusions than others. When an adult applies on behalf of a child, the parent or guardian’s income is considered “deemed” income to the child. SSA will prorate the adult’s income among the family members to determine the amount applicable to the child.

If you received SSI in another state, be aware that some states have a higher income limit that allows an individual to receive SSI benefits despite being over the federally established income limits. Washington is not a state with a higher income limit and applications submitted in Washington state must meet the federal income limits.

Resources include both money (e.g., cash, bank accounts, Certificates of Deposit, stocks and bonds, investment accounts, life insurance) and property (e.g. vehicles, houses, real estate) that could be sold or converted to cash to pay for food or shelter. There are limits for how much an applicant may have in resources and maintain eligibility for SSI:

  • An individual may have up to $2,000
  • A couple may have up to $3,000
  • When applying on behalf of a child, an adult may have an additional $2,000 in resources and a portion of the adult’s resources may be applied to the child

Some resources are excluded from the eligibility determination, including:

  • Your house and the property you live on
  • The first vehicle (per household)
  • Most personal and household belongings
  • Property that can’t be used or sold for income
  • Up to $100,000 saved in an ABLE account
  • Properly distributed funds from a special needs trust (SNT) on behalf of the individual with a disability

Citizenship or Residency Status

SSI is only available to U.S. citizens and nations residing in the United States or the Northern Mariana Islands, and qualifying non-citizens with certain alien classifications granted by the Department of Homeland Security (DHS).  SSI benefits will stop if a person leaves the U.S. for a full calendar month or at least thirty (30) consecutive days, with the exception of dependent children of active duty servicemembers serving overseas.

Is SSI The Same As SSDI?

Supplemental Security Income (SSI) is not the same thing as Social Security Disability Insurance (SSDI).  SSI is a needs-based public assistance program for children and adults. The eligibility criteria include limited income and resources. SSI payments come from the general funds of the U.S. Treasury from tax revenues.

SSDI is an insurance that workers earn by paying into the Social Security through taxes on their work earnings. It is not affected by income or resources. In order to receive SSDI, the person must have worked and paid from their earnings into the Social Security trust funds in the U.S. Treasury.

How Do I Apply For SSI?

Family to Family Health Information Center (F2FHIC), a program of PAVE, provides technical assistance, information, and training to families of children, youth, and adults with special healthcare needs. The F2F website contains invaluable information and resources to help family members, self-advocates, and professionals navigate complex health systems and public benefits, including SSI. After reviewing F2F’s article about how to apply for SSI, if you have questions and would like to speak with an F2F team member, please submit a Help Request.

Special Consideration For Military Families Overseas

A special rule allows dependent children of military families serving on overseas assignments to begin or continue receiving SSI benefits while outside of the United States. The child must be:

  • is a U.S. citizen
  • living with a parent who is a member of the U.S. Armed Forces assigned to permanent duty ashore outside the United States
  • listed in the Command sponsorship orders.

If the child is receiving SSI benefits before moving overseas with the active duty service member, the benefits will continue based on the rate of the state in which they applied. If the child is born overseas or becomes eligible for SSI while overseas, you can apply for SSI by contacting the Federal Benefits Unit at the nearest U.S. Embassy or Consular Office, or by applying online. For additional support with your application, call SSA at 1-800-772-1213 (TTY 1-800-325-0778).

Once the child turns 18, they will no longer be eligible for SSI until they have been living within the United States for thirty (30) consecutive days and will be subject to the disability redetermination process.

When relocating on military orders overseas, you must report:

  • the servicemember’s expected report date to the duty station overseas
  • the child’s expected date of arrival at the overseas location
  • the mailing address at your new duty station
  • changes in military allowances at your new duty station

Additional Resources