Most children who leave the foster care systems do not necessarily receive ample preparation and support for the transition to independent living. Foster youth have high risks of being homeless, incarcerated, unemployed, and unskilled. In addition, they are also more likely to experience physical, developmental, behavioral, and mental health challenges. In response to many challenges youth face when leaving foster care, policymakers in many states have taken charge to find means to help the needs of youth in foster care and transitioning out of foster care. Several states are making a comprehensive effort to connect child welfare services with other youth-serving systems, such as workforce development, postsecondary education, mental health, and juvenile justice. These “cross-system” efforts aim to ensure access to and easier navigation of a richer and better coordinated array of services for current and former foster youth.
Social Security Administration Regulation SI 00601.011 states disabled youth receiving Title IV-E federal foster care benefits usually cannot become eligible for Supplemental Security Income (SSI) until foster care payments have stopped. Eligibility for foster care payments in most States ends at 18 years of age. Many youth need income support and health services and by applying for SSI this can ease the transition onto independent living. Social Security Administration accepts SSI applications up to 90 days before the foster care eligibility will end due to age. This is an exception to the general rule of accepting an SSI application in the month before the month of eligibility, as described in SI 00601.010B.3.a.
The claimant may file an SSI application if he or she: lives in a foster care situation as defined in SI 00830.410A.1; alleges blindness or disability; appears likely to meet all of the non-medical eligibility requirements when foster care payments terminate; expects the foster care payments to cease within 90 days of the application filing date; and is within 90 days of losing foster care eligibility because of age.
(NOTE: If the requirements outlined above are not met or if a claimant in foster care files for benefits more than 90 days before foster care payments end, the claims interviewer should adjudicate the application under the normal application process, documenting the receipt of countable foster care payments. For the application process, see SI 00601.010 and SI 00601.012.)
If you have questions or feel that you are eligible to receive Social Security Disability Insurance benefits call Greeman Toomey PLLC today at (877) 332-3252 for more information.
