u/nyxienova

Hello all,

This feels complicated and I feel foolish so I’ll try to be as concise as possible.

I am 23, unmarried. I’ve likely qualified as mentally disabled my whole life (autism + others) and have deeply struggled to work even 4 hrs a week, but as of November I am completely unable to work due to a physical disability (not yet diagnosed). I don’t qualify for SSDI. I’ve always had too much in savings for SSI.

Earlier this year I transferred out money to my mom (non-maliciously— it was to put away an emergency fund), and this put me below the resource limit. I have to start paying bills later this year and developed severe anxiety about not having an income & losing all my savings within a few months. I was told to apply for SSI by my psychologist and a therapist, so I did earlier this month.

SSA just emailed me requesting form 8001, which asks about transfers, and I realized my mistake & how I’m at risk of a transfer penalty. I haven’t yet mailed it and they said they’d deny me automatically in 2 weeks if I don’t supply the info. Since I don’t yet pay bills, I’m worried my benefit would be so low that I’d face the maximum 36 month ineligibility period.

After the application, I was seen by 2 doctors, one diagnosed me with “severe fatigue” and the other said she’s almost surely going to give me a diagnosis of ME/CFS but needed more time to review my chart and would get back to me this week. I saw on the SSA website that you will not receive a transfer penalty if “after the transfer, there is a diagnosis of a previously undetected disabling condition that leads to SSI eligibility.”

Regarding DAC: My parents turn 62 next year and are both eligible for SSI retirement. My mom is also in the process of being deemed legally disabled by the SSA. I was unaware of the option for DAC until after I submitted my SSI application.

1. If the doctor gives me the diagnosis: Do I give them form 8001, which describes the transfer, & try to explain that I was diagnosed with the physically disabling condition after the transfer? Is that likely to work out or would I just suffer a transfer penalty? Can I cancel a penalty by transferring the money back, and if not, would the penalty keep me from taking DAC benefits until it’s over?

2. Do I withhold the form and let them deny me in 2 weeks and start fresh with DAC when my parents turn 62/if my mom is able to get SSDI?

I’ve contacted lawyers/disability advocates and haven’t gotten clear answers. I know I can wait until I have those bills and spend down my money to become eligible, but that feels risky as there is no guarantee I’d get SSI and the bills would keep coming either way. The emergency fund isn’t to hoard money, it’s meant to keep me from becoming homeless if I have a financial emergency. I want to avoid an ABLE account if possible. I don’t want to act fraudulently or maliciously, just trying to navigate life as a disabled person :( Thank you for your time.

TLDR: if I transferred money out before my SSI application but am diagnosed with disabling ME/CFS after the transfer, would SSA see that as a legitimate reason and not assume I did it solely for SSI eligibility?