Earlier this year, HSLDA helped two Michigan homeschool families when their students’ Social Security benefits were placed in jeopardy thanks to wildly varying levels of confusion on the part of officials.
Both families encountered problems while applying to extend supplemental payments for students who were turning 18 but had not yet completed high school. (By default these payments end when a student turns 18 unless a parent can prove their teen is still in school.)
The Kelly family hit an obstacle before they even filed an application when an official mistakenly told them homeschooled students do not qualify for extended benefits. The Wainright family faced delays while officials puzzled over the name the parents had assigned their homeschool program (both families’ names changed to protect privacy).
“Our decades of experience in this area has made us a primary resource for homeschooling families who encounter problems like these,” noted Peter Kamakawiwoole, HSLDA director of litigation. “Most of the time we just need to correct minor objections that arise when Social Security officials don’t understand homeschool law. But there are occasions when authorities simply reject homeschooling as illegitimate.”
Educating Officials
After being told on the phone by a Social Security official that they didn’t qualify for benefits, the Kelly family engaged HSLDA’s assistance. Beth Taber, HSLDA senior litigation assistant, guided the parents as they prepared an application to extend their daughter’s supplemental benefits until graduation.
Taber instructed them to include documents that confirmed their teen was indeed being homeschooled in accordance with Michigan law, including a written statement of compliance from by the homeschool administrator, a list of courses taken by the student, and an attendance schedule. Tabe also instructed them to include copies of Social Security’s general and state-specific homeschool regulations—Social Security’s own procedures for evaluating homeschooled students.
Only a month later the Kellys contacted HSLDA to say that their daughter’s benefits had been extended.
“I so appreciate the time you spent with me, as well as the research you provided that I could submit,” the mom wrote. “I believe it made all the difference! Thank you for the work you do on behalf of homeschooling families!”
What’s in a Name?
HSLDA’s assistance to the Wainright family required a more nuanced approach.
The Wainrights’ son had his supplemental payments cut off just a few months before graduation because of confusion over the name the family had assigned to their homeschool program in the initial application to extend benefits.
When asked for the name of their school, instead of writing the name of their unique homeschool program, the family used the name of their curriculum publisher. Social Security officials assumed that the publisher’s name referred to a homeschool umbrella or some other educational cover, but since they could find no such organization listed as a legally compliant homeschooling institution in Michigan, they canceled the student’s benefits.
When the Wainrights called for guidance, Taber shared tips HSLDA has developed to help families choose a distinct name for their homeschool program and clearly differentiate the school from the curriculum provider. She also helped the family submit additional documentation to Social Security, confirming the corrected school name and emphasizing that the curriculum provider in this case was not the school.
A few weeks later, the family contacted us to say their son’s benefits had been restored.
“I’m so pleased we were able to help these families,” said Taber. “In many cases the parents who ask for assistance are counting on Social Security as a key resource for educational expenses. So when we prevail in each case, it’s more than just a win for a single family—it’s a win for homeschooling.”