HELP!!! Need info on benefits for child with Down Synrdome

Hello,

My daughter has Down Syndrome and is 6yrs old and I am interested in knowing what, if any, benefits are available for her. Currently she lives with my wife and me along with our other two children in a private residence. My wife and I are having some bad financial issues and could really use any benefits that may be available and I was hoping that someone could tell me what they may be. In addition, my wife and I are possibly looking at getting divorced, I am wondering how this will affect any benefits available to my daughter, and if it would be better that, my wife and I stay together living in the same home. Technically I have been living out of the home on and off for a while now but I obviously would like to do what is best for my daughter and get as much $$ as possible. Can anyone please advise me as to what the best thing to do would be and what benefits would be available?

Thank You... 

Does your daughter have a well written appropriate IEP at her local public school?

HI Drew, Thanks for the reply. Yes we do have a very in depth IEP which we got from when we had our meetings at the school. They are providing us with some benfits within the such such as some therapy and a shadow although the amount of time she gets with the therapist is very limited (30mins/day) and the shadow is also not for the whole day. Thank You

1. Depending on nature of impairment-- 1/2 hr a day of shadow services sure seems light to me.

2. There could be a lifetime of social services based on need that are available--and beyond me to sort thru.

    I have no doubt some folks get divorces of convenience  so as to help qualify the CP for more need based aid--stinks but I didn't write the rules.

3. Caution, in many a state your duty to pay CS if divorced and child is handicapped could extend until handicap is cured--which translates to mean "forever" not just 18 or 21.  And if CP accepts public sector  aid for child the CP may not be able to avoid seeking CS from NCP or have state do do --in short state tries not to let parents concoct deals to have stay pay when  parent could pay.  

4. According to my friend who handles a lot of IEP matters for a school as head of Special Ed and more, some of the games to get a kid on public dole and parents extra aid for same do work--I'm short of details.

Do you qualify for a SS benefit for the child since she is disabled? Do you get any child support from her mom? If not, why?

My wife and I are currently still married and my daughter that has Down syndrome is currently in Kindergarten. We always have fought hard for at our yearly meetings to get as many benefits as possible via the county/government for my daughter (which is always a nightmare). We also are able to get some very limited benefits through my insurance plan for occupational therapy but she is also in need of speech therapy, behavior therapy and special instruction to help her. I have been paying for these therapies out of my own pocket, have racked up over 25k in CC bills, and can barely afford to pay for food, utilities, etc. If you needed to know, I make about 47k/yr before taxes, INS, etc... Now I really am not one who likes to ask for this type of help and wish I made enough money to do it all on my own but do not. So, in a nutshell, my wife cannot work and must stay at home and being I do not make enough to pay all these bills, I was hoping that we could get some financial relief. If I don’t figure this out soon we will lose our home, car, etc. and this would be devastating to my family. Therefore, I am swallowing my pride and asking for help and will apply to SSI or any other source that may be able to help us and that is why I am here with you fine folks. I fully intend on supporting my daughter for the rest of my life and not looking to take advantage of the system. I really only want to know what scenario is best to get the most $$ so we can so we can give her the care she needs and make up for some of the income that we have lost due to my wife not being able to work. If that means that my wife and I need to be divorced, we are wiling to do that so that the income in the household does not exceed the requirements with SSI. I am not even sure if I am right on that and that is why I am here. I really appreciate everyone's help and Thank You all for your time. Please let me know if you need any more info and I will gladly provide it to you.

The problem is that IEP's can be very expensive for schools and taxpayers--so lets say your kids needs run in the $50K a year level for what one would call a "free appropriate public education" --and take it as a given that your child is entitled to a FAPE..so says the Federal law.

Now its to schools advantage to gum up the process and frustrate the delivery of a costly IEP which is probably what child needs. .

The law says otherwise but the tendency is to blow off parents with needs at the Klevel as K may be optional for most folks

The bad news is that this is a very narrow area of law and few parents can navigate same w/o counsel--evenan attorney friend with a specil needs child turned it over to specialized counsel!

The good news is the law has waht amounts toa nequal access to justice provision that provides for school to eat your legal costs if you prove school wrong in due proces. So my observation is that schools try to frustrate you unless you show up at door witha skilled proven gunfighter then they do a 180!   (And some big $$ attorney fee awards mean some smart lawyers take on kids side of equation IF the facts smell right)

You need to seek out help for some of the childrens  rights groups that pay attention to kids educational rights--and I'd get started darn son.

I fully understand that the burdens to address special needs w/o help can wreck 95% of marriages and run most mere mortals into bankrupcy.

Some children with major handicaps seem to be able to qualify for Supplemental Secuirty Income (SSI).

I don't really know the rules for same, but you might contact a few attorneys who specialize in Social Security Disability claims.  If they don't handle such a case, see if they can refer you to someone who knows this rather specialized area of law.

Also go to www.socialsecurity.gov and click around on the disability questions.  There is a link for if the disability arose before age 18.

You may obtian some useful info.