SSI trouble... someone with experience fighting them needed

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My daughter is on SSI because she has Rett Syndrome. She cannot walk, talk, feed herself, use her hands, feed herself, hold a cup, or even a toy. She also has seizures.

Well, recently, we purchased a cheap, used van, that I could use to take her to appointments. They said that put us over the limit, and they discontinued her SSI. This is because my husband also has a vehicle.

Also, due to a mix up, they say we owe them 5,000. They made a mistake a year ago, when we received our income tax check. Even though we gave them the information to fix it, they never had.

My husband makes under 35k a year, we do not own a home, and we have three children. Three people in our home, soon to be four, were diagnosed with a disability (daughter, rett syndrome, oldest, Aspergers, me Autism/Aspergers). We applied for my daughter because she's severely disabled.

I just sent in an appeal. Am I going to have to get rid of my van? Is there any way to fight this based on necessity? My daughter's special carseat barely fits in my husband's vehicle, and he has to take time off from work (losing money) to take her to appointments. I got it so this wouldn't happen, and she could sit comfortably, and I could easily fit her wheelchair into the vehicle.

I live in Pennsylvania.

Wow, that's terrible. The government can be quite aweful to deal with.

It sounds like you need a lawyer.

Can you get rid of your husband's car instead?

SSI is meant to help poor disabled people get the bare minimum they need to survive. As in, "keep breathing". I'm not surprised the van put you over the resource limit. You're lucky you got SSI at all, with your husband's income putting your family above the poverty line.

They don't care how hard it is for you. They think they have succeeded if you are still alive and not starving.

My husband would never get rid of his vehicle. He'd get rid of the van, and we'd struggle with his vehicle. It's the way his mind is. He won't keep the one that's in my name if we have to get rid of one.

Easier solution, but some might protest.

Have someone you trust (or use an assumed identity) to form an LLC. Rent a PO box. Transfer or buy a vehicle then register it in the LLC's name. That, or just have someone else's name on the van's title. You don't own it but have the access to use it. You could do all that for a lot less than hiring a lawyer to deal with SSI.

People have to think like criminals do to protect themselves from government harassment.

You need to contact a lawyer to assist you. If you cannot afford a lawyer, then go to your local Legal Aid Society which is available to assist low income people.

If there is an agency called Resource Center for Independent Living (RCIL) in your community, then contact them to assist you...they often have lawyers on there staff as resources.

Don't fret...the Social Security Administration does a lot more to "scare" people than can do any harm to you or take away assets, as your vehicle, which are required living expenses. You simply need certain authoritative people and agencies to build your case against SSA.

Best of luck to you!

You could also contact your local congressman.

Put the van in his name.

We're going to fight it first. I've been talking to a mom who has two vehicles for her family, and her children are on SSI.

If not, we have another option of giving it to my mother, and she will put me on her insurance. We live in the middle of nowhere. Having a vehicle here during the day is absolutely necessary with my daughter. She is sent home from school often, and only has a 40% attendance rate due to seizures and medical fragility.

Hey, hey, I didn't say it was RIGHT for SSI to say "you can only have this much". I'm just saying that's how they operate. Frankly, I think it's disgusting the way they treat disabled people.

Here's a possibility, though. I'm on Medicaid; and my health plan covers transportation to doctor's appointments. They even tried to prevent me from switching doctors when I moved, saying that I didn't need a doctor within biking distance because they'd call cabs for me. (I protested. I do not like riding in cabs. They smell.) You may not need the van if your health plan does something similar. Call them and ask.

Question: Can you classify the van as medical equipment?

If there is a CIL nearby it probably won't be called Resorce Center for Independent Living.

It will be called either a CIL, ILC, or ILRC, and may have letters before those indicating the location.

Gotta agree with zero0netgain. "Sell" the van to a family member or friend that you fully trust. I'd be cautious about the LLC method if you are really concerned about price, as you may find you need to have commercial plates, and there's also the posibility of fees to get the LLC.

Well, we're fighting it first. I just wrote to my state rep. I found out that my husband has talked to the state rep. He (my husband) is an officer at the local volunteer fire department. The state rep often helps them with their fundraisers, by serving breakfast, etc...

I have talked to more than one parent who has two vehicles for their household.. one for work, and the other for transporting the child.