Like many Americans with disabilities, 32-year-old Max Silber of Wisconsin regularly receives Social Security Income (SSI) benefits because of his autism.
That is, until recently when he was unexpectedly notified they would stop. What’s more, he was instructed to repay $35,000 due to an overpayment “error” dating back to May 2022. Max’s father, Jeff, has appealed five times on his behalf without luck.
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“He’s always followed the rules and was never told that he was being overpaid,” Jeff told The Sun. “Their basis was that he was gainfully employed and made more than the amount allowed to earn and still get benefits. They also concluded that he would have to prove he still had autism. This put us over the top.”
It was ‘their mistake’
Max was diagnosed with autism in preschool and qualified for Social Security disability benefits. Nothing has changed, so Jeff has tried to appeal the decision.
As a retired autism therapist and current advocate for families impacted by autism, he deeply understands the struggle beyond Max’s specific situation.
Throughout the repeated efforts, he’s become increasingly frustrated — particularly about the requirement to determine if his son still has autism.
“To imply one recovers from autism is an insult to my son and an indication of the lack of knowledge about illnesses of the decision-makers,” Jeff asserted.
In time, Max has become more independent, but he still faces challenges. He now works full-time and can drive and handle finances, but he can become “obsessive” about some things, Jeff said, and he still requires structure.
“He has always lived with me and will likely never want to live alone, something that worries me as I age.”
Jeff argued that Social Security needs doctors and subject matter experts who understand the complexities around disabilities such as autism and, without the right internal knowledge, the government agency “should not make random decisions affecting the lives of so many who then have to wait for months for resolution.”
As for the overpayment, Jeff held that it “was their mistake, not Max’s, yet he is the victim like so many others. Social Security needs to be held accountable and responsible.”
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Is the system broken?
The SSI payments Max received are provided to millions of Americans. Aside from retired workers, several groups are eligible:
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Those with a qualifying disability
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The spouse or child of someone getting benefits
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The divorced spouse of someone getting or eligible for benefits
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A spouse, child, divorced spouse or dependent parent of a worker who died
There are some restrictions though. Last year, the monthly income limit for SSI benefit recipients was $1,971 and the asset cap was $2,000.
Plus, there can be complications in receiving SSI if a beneficiary works too much. Stipulations like these often result in beneficiaries unknowingly being removed from the program. The Sun article shared insight from Kevin Thompson, finance expert and CEO of 9i Capital Group, who seems to agree with Jeff.
He told Newsweek, “The system in itself needs to be modernized and a substantial effort needs to be undertaken to improve [it].”
Another issue is the shortage of funds available. With an aging population living longer and fewer people in the workforce, there will be fewer workers supporting retirees and therefore paying into Social Security.
On top of this, the Social Security and Medicare Boards of Trustees’ 2023 and 2024 reports predict that by 2033, Social Security’s retirement benefits trust fund will be depleted. By then, taxes should cover only 79% of scheduled benefits.
Between the system’s stipulations, alleged lack of internal expertise and lack of funds available to support Americans long-term, beneficiaries like Max will likely continue to run into trouble or slip through the cracks.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
