When an individual with an intellectual disability turns 18

When an individual with an intellectual disability turns 18, it’s crucial to understand and manage the government benefits available to them. Here’s an expanded overview focusing on key benefits and strategies to safeguard them, including considerations related to the K Plan and the Oregon Health Plan:

1. Supplemental Security Income (SSI):

  • Overview: SSI provides monthly financial assistance to individuals with disabilities who have limited income and resources.
  • Eligibility at 18: Upon reaching 18, the Social Security Administration assesses the individual’s eligibility based on their own income and resources, rather than their parents’. This often results in eligibility for those previously ineligible due to parental income.
  • Resource Limit: To maintain SSI eligibility, the individual’s countable resources must not exceed $2,000.
  • Safeguarding Benefits: Establishing a Special Needs Trust or an ABLE account can help manage funds without affecting SSI benefits.

2. Medicaid:

  • Overview: Medicaid offers health coverage to eligible low-income individuals, including those with disabilities.
  • Automatic Eligibility with SSI: In many states, including Washington, individuals who qualify for SSI are automatically eligible for Medicaid.
  • Home and Community-Based Services (HCBS): Medicaid provides HCBS waivers that support individuals with disabilities living in community settings rather than institutional care. These services may include personal care, respite care, and supported employment.

3. Oregon Health Plan (OHP):

  • Overview: OHP is Oregon’s Medicaid program, providing health coverage to eligible residents, including those with disabilities.
  • Eligibility: Eligibility is primarily based on income. However, children with certain developmental disabilities, including intellectual disabilities and Autism Spectrum Disorder, may qualify regardless of income. OHSU
  • Application Process: Individuals can apply online, by mail, or with in-person assistance. Required documents include proof of birthdate, Social Security number, income information, and, if applicable, immigration documentation. Default

In Oregon, individuals who receive Supplemental Security Income (SSI) are automatically eligible for Medicaid under the Oregon Health Plan (OHP). However, they must actively apply to receive these benefits; the process is not automatic.

To apply for OHP Plus, individuals can:

  • Apply Online: Complete the application through the Oregon Eligibility (ONE) system.
  • Apply by Phone: Call 800-359-9517 to request an application or receive assistance.
  • Apply in Person: Visit any Oregon Department of Human Services (DHS) office statewide.

It’s important to note that while SSI recipients are eligible for OHP Plus, they must complete the application process to receive Medicaid benefits in Oregon. Also see Qualifying For Medicaid in Oregon

4. K Plan (Community First Choice Option):

  • Overview: The K Plan is a Medicaid state plan option that provides home and community-based attendant services and supports. It aims to promote community living and independence for individuals with disabilities.
  • Eligibility: In Oregon, eligibility is based on either an Intellectual Disability (ID) or Developmental Disability (DD) diagnosis confirmed through a medical or clinical assessment. OHSU
  • Services Offered: The K Plan may include personal care assistance, skills training, assistive technology, and environmental modifications.
  • Safeguarding Benefits: Since the K Plan is part of Medicaid, maintaining Medicaid eligibility is essential. Utilizing Special Needs Trusts or ABLE accounts can help manage assets without jeopardizing eligibility.
  • Brokerage Services: Oregonians with developmental disabilities have access to local brokerage services that can explain elegibility and guide you through the process of qualifying for benefits. See Brokerage Services for Oregonians with Developmental Disabilities and Am I Eligible for Brokerage Services.

5. Special Needs Trusts:

  • Purpose: These trusts allow individuals with disabilities to receive inheritances, gifts, or other funds without affecting their eligibility for means-tested government benefits like SSI and Medicaid.
  • Types:
    • First-Party Special Needs Trust: Funded with the individual’s own assets, often used when receiving a legal settlement or inheritance.
    • Third-Party Special Needs Trust: Funded by someone other than the beneficiary, such as parents or other relatives.
  • Management: A trustee manages the trust assets, ensuring funds are used for the beneficiary’s supplemental needs without violating benefit eligibility rules.

6. ABLE Accounts (Achieving a Better Life Experience):

  • Purpose: ABLE accounts are tax-advantaged savings accounts for individuals with disabilities, allowing them to save for disability-related expenses without affecting SSI or Medicaid eligibility.
  • Eligibility: The disability must have been present before age 26.
  • Contribution Limits: Annual contributions are limited (e.g., $15,000 in 2021), and account balances up to $100,000 do not affect SSI benefits.
  • Qualified Expenses: Funds can be used for education, housing, transportation, employment training, and other disability-related expenses.

7. Housing Assistance:

  • Section 8 Housing Choice Voucher Program: Provides rental assistance to low-income individuals, including those with disabilities, allowing them to choose their housing in the private market.
  • Safeguarding Benefits: Ensure that any rental assistance or housing subsidies are reported to the appropriate agencies to prevent overpayment issues.

8. Employment Support:

  • Vocational Rehabilitation Services: State agencies offer services to help individuals with disabilities prepare for, obtain, and maintain employment.
  • Ticket to Work Program: A Social Security Administration program that provides beneficiaries with disabilities access to employment support services without immediately affecting their SSI or SSDI benefits.

The DHS aims to process applications within 45 days, or within 90 days if applying based on a disability.

9. Monitoring and Compliance:

  • Professional Guidance: Consult with a special needs planner or attorney to navigate the complexities of benefit programs and to establish appropriate financial safeguards.
  • Regular Reviews: Conduct periodic reviews of the individual’s financial status and benefits to ensure ongoing compliance with eligibility requirements.

By understanding and implementing these strategies, you can help ensure that an individual with an intellectual disability maintains access to essential government benefits while promoting their financial security and independence.