Background
Disabled youth receiving Title IV-E federal foster care benefits usually cannot become eligible for SSI until foster care payments have stopped. Frequently, when such youth are leaving foster care, they need SSI (and the Medicaid that is available with SSI in most states) to be able to live independently in the community.
For years, SSA has taken applications from such youth only within 30 days of the individual’s 18th birthday. Even if the individual had been receiving SSI as a child, a new determination must be made under the adult rules once that person is 18. This has often been a problem due to the processing time for applications and the need for income to be able to transition out of foster care.
Change in policy
To help with this transition, SSA may accept an SSI application from a youth in foster care up to 90 days before foster care payments are expected to end. This is an exception to the general rule of accepting an SSI application in the month before the month of eligibility.
The youth may file an SSI application if he or she:
NOTE: Applicants are not eligible for presumptive disability payments.
The DDS makes an adult medical determination and inputs the determination. EXCEPTION: If the claimant has not attained age 18 as of the application filing date, the DDS will input the medical determination when the claimant attains age 18.
To access the complete policy referenced above, go to: https://secure.ssa.gov/apps10/poms.nsf/lnx/0500601011!opendocument