Welfare Reform Slashes Benefits for Bay Area Kids

Like the dismantling of AFDC, Food Stamps and Medi-Cal, the new children's SSI rules were mandated by the Welfare Reform Law enacted August 22, 1997.  They are designed to save federal dollars not, advocates argue, to serve the best interests of poor, disabled children or their families. Currently, the maximum SSI benefit for a disabled child is $474 per month.

The new law makes three major changes in the eligibility rules for the children's SSI program.  Each change makes it more difficult for children to qualify for SSI.  First, the new law narrows the definition of disability for children.  Second, it eliminates the less rigorous of the two means SSA has used since 1993 to determine whether a child is disabled - the Individualized Functional Assessment (IFA).  Third, the law limits the manner in which "maladaptive behavior" can be used to establish a child's mental disability. These changes primarily affect children with mental disorders and children with more than one impairment. The new rules apply to children who receive, have applied, or will in the future apply for SSI disability. SSA is now "redetermining" whether the medical conditions of children already on SSI meet the new definition.

In November and December of 1996, SSA notified families of most children whose SSI eligibility may be affected. In early 1997, it began its internal review of these children's conditions. SSA had originally scheduled to complete its redetermination process in August, 1997, but the deadline was extended to February, 1998.

If SSA finds that the condition of a child currently receiving benefits meets the new disability standard, it will notify the family that their child's SSI eligibility will continue. If SSA decides it needs further medical review to make a decision, it sends a second notice to the family asking the family to contact SSA. This notice is a notice of redetermination. It means that SSA is questioning whether the child's condition meets the new disability standard.

If, after further medical review, SSA finds the child's condition does not meet the new standard, it will terminate the child's SSI benefits. Such a child will also lose automatic Medi-Cal coverage (though the child may reapply and be found eligible for Medi-Cal based on other factors, such as age or family income.)

Any family who has received a general information letter from SSA but has not yet received further notice or exhausted all rights of appeal can do the following to increase their chances of showing that their child meets the new standard:

• Continue medical treatment for your child from his/her doctor, psychologist, mental health counselor or physical therapist
• Inform your child's physician or therapist that your child's eligibility for SSI may be redetermined and that you are counting on his/her support through the process
• If your child is not receiving medical treatment, find an appropriate source and start treatment
• Seek support from others who see your child regularly, such as case managers, social workers, teachers, nurses, and day care providers.
• Respond promptly to a redetermination notice. After only as few as ten days, certain rights to benefits may be lost