When a person under 18 in New Jersey is getting Supplemental Security Income, it is a common concern as to whether they will continue to meet the criteria to get SSI when they turn 18. When the person turns 18, there will be a redetermination as to whether the person meets the requirements to get SSI benefits as an adult. For those who do not meet these requirements, there is recourse to try and restart the benefits. It is possible to appeal the decision to stop benefits just as this alternative is in place for anyone whose benefits are denied or stopped. One option if the benefits are stopped is to get continued payments for a specific time-period. Understanding when this is possible is integral to the case.
If the Social Security Administration determines that the person no longer meets the medical eligibility requirements for SSI after turning 18, the payments will generally end. For those who are taking part in a program that has been approved by the SSA and is for special education, vocational rehabilitation (VR), or any of these types of services, the benefits can continue. These are known as Section 301 Payments. When the person is no longer taking part in the program, the SSI payments will stop.
The following must be in place to qualify for this in Section 301: the person must be taking part in a program for VR or other services that started before the end of eligibility under the SSA’s rules; and the SSA must review the program and come to the determination that continuing to take part will lead to no longer needing SSI. Examples include taking part in PASS (Plan to Achieve Self Support) or an IEP (individual education program) for youths between the age of 18 and 21.
People who are getting SSI as juveniles will likely feel concern as they approach their 18th birthday and are facing the prospect of losing their benefits after a redetermination. Understanding the circumstances under which benefits can continue is important and one possibility is Section 301. For help with this or any other issue with Supplemental Security Income, a law firm that regularly assists clients in these cases should be contacted immediately.
