Neighborhood Legal Services, Inc.


SSI and Age 18 Redeterminations

When a child receives Supplemental Security Income (SSI) benefits, the child is considered disabled based on how the condition or illness affects development and functioning in typical daily environments (i.e., school, home, community). At age 18, a review is scheduled to determine whether or not the condition or illness meets the SSI definition of disability for an adult.

SSI considers an adult to be disabled when the illness or condition prevents substantial work activity for 12 months or longer. Therefore, the main issue for adults is how the condition or illness affects the person’s ability to work.

When the case is reviewed, evidence from all medical, vocational and educational sources should be obtained. Therefore, it is important to:

Lack of any recent treatment, vocational or educational records may lead to a finding that the illness or condition is no longer disabling the SSI recipient.

If a finding is made that the person is considered no longer disabled:

There is a special rule for person’s who are participating in an Approved Vocational Rehabilitation program. This rule is called "Section 301". The Section 301 rule allows an SSI recipient to continue to receive SSI benefits after it is found that he or she is no longer disabled by his or her illness or condition, if he or she is participating in a vocational rehabilitation program at the time the disability ended and the program will increase the likelihood of eliminating the future need for disability benefits.

Prepared by Neighborhood Legal Services, Inc. - Updated December 2006 for 2007
(716) 847-0650 • Work Incentives Hotline: 1-888-224-3272 • www.nls.org

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