C. Benefits from the Social Security Administration
1. Child receives income from Supplemental Security Income (SSI) or Retirement, Survivors, and Disability Insurance (RSDI)
A child entering DFPS conservatorship may be entitled to various benefits through the Social Security Administration (SSA).[124] If the child is currently receiving benefits, DFPS must promptly notify SSA that the child is under DFPS conservatorship so that DFPS can apply to become the representative payee of the child's benefits.[125] Once SSA approves DFPS to be the child's representative payee, DFPS will generally remain the payee until DFPS conservatorship ends or until the young adult exits extended foster care. Regional SSI Coordinators oversee this process of applying for the transfer to DFPS as the representative payee. When a child or young adult exits foster care or extended foster care, the child's caregiver or the young adult must go to an SSA office to request the transfer of SSI or RSDI benefits to the caregiver or the young adult as payee.
Special Issue: Obtaining transportation to this appointment can help to ensure that the benefits transfer to the young adult is successfully completed.
2. SSI for a child in traditional foster care
Children in foster care may qualify for the federal benefit of Supplemental Security Income due to a mental or physical disability. Supplemental Security Income (SSI) is available to children with disabilities who have limited income and resources. For a child in foster care, the DFPS SSI Coordinator may apply for SSI benefits for a child who is also eligible for Title IV-E foster care assistance. If DFPS claims Title IV-E foster care assistance for the child's maintenance payment, DFPS cannot use the child's SSI benefit to offset the Title IV-E foster care payment.[126]
Special Issue: The decision to apply for SSI while a child is in foster care is based upon the amount of the child's foster care payment. The regional eligibility specialist should be consulted with questions regarding funding reimbursement.
3. SSI for a child in a relative or kinship placement
DFPS does not make foster care payments to non-licensed relatives or kinship caregivers but sends the SSA benefits to these caregivers to meet the child's daily needs. The SSI coordinator asks SSA to reinstate the child's SSI benefits when the situation meets both of the following criteria:
• SSA had suspended the child's SSI benefits due to Title IV-E eligibility.
• The child is placed with a non-licensed relative or kinship caregiver. CPS Policy Handbook § 1571.2 Changes that Affect Claiming SSI or Title IV-E Benefits.
The caseworker should contact the DFPS regional SSI Coordinator to inquire about applying for Social Security benefits.[127]
4. SSI Applications for youth aging out of care
While under the conservatorship of DFPS, the SSI Coordinator submits SSI applications on behalf of the youth. Under DFPS policy, if a youth in care has a disability and may be eligible for SSI, the DFPS caseworker should contact the regional SSI Coordinator to discuss applying when the youth turns 17 years old. Since youth may not meet the adult definition of disability,[128] SSI applications should be filed well before a youth's 17th birthday to prevent delay in application processing and additional delays if an unfavorable decision needs to be appealed.
Special Issue: It is critical for youth to have their funding source switched before they age out, so youth should apply for SSI by age 16 to avoid delay with waitlists. For youth who have not had SSI before, the process can be very lengthy.
SSA requires each SSI recipient or potential recipient who is 18 years old to be evaluated according to adult listing of impairments.[129] Aside from individual identification, DFPS state office sends a quarterly report to regional SSI coordinators identifying youth in foster care who are 17 years old and are potentially eligible for SSI, regardless of their eligibility for Title IV-E assistance.[130]
5. Preserving SSI benefits for young adults in extended foster care
Young adults in extended foster care may continue to receive SSI benefits, but the payments will continue to be paid to DFPS. However, young adults in extended foster care must be aware and mindful of factors that could make them ineligible to continue receiving benefits. For example, the young adult may not accumulate more than $2,000 in cash assets or their benefit payment may be reduced or terminated; young adults who may also be working, receiving scholarships, or have some other income (such as annuity payments) need to be educated and reminded to notify DFPS of any income they receive and may have to inform DFPS of funds in any bank accounts they have. Once a young adult exits extended foster care, they must go to an SSA office to request to become their own payee. Young adults may consider applying for an ABLE Account in which to place funds that may make them ineligible to continue receiving SSI benefits.[131] Another option for preserving benefit eligibility is a Master Pooled Trust account through the Arc of Texas.