CHILDREN’S DISABILITY BENEFITS
CHILDREN CAN RECEIVE SOCIAL SECURITY BENEFITS?
Children can receive benefits under the Supplemental Security Income (SSI) program. Children’s benefits provide financial support to children who are age 17 or younger and who have a severe mental or physical illness. Social Security uses different rules when deciding whether to pay SSI benefits in a child’s claim than in an adult claim. SSI benefits come with Medicaid. Learn information about Medicaid benefits.
A child must have a physical or mental condition that causes marked or severe functional problems. Functional limits impact the child’s development in school and at home. You will know if there is a problem if your child is behind other children her age.
For example, you can see if your child is behind by looking at their grades and test scores. If they have low grades and poor test scores, then they could have a learning problem. Additionally, behavior problems at school may indicate your child has a disability. For example, your child may not get along with other children. Or, they may disrespect their school teacher. The school may have already told you your child is having problems. If that is the case, then it is time to take your child to the doctor. A doctor can help you determine what is going on with your child.
SSI BENEFITS FOR CHILDREN
Like SSI claims, to win SSI benefits for a child, the household income of the parents must not exceed a certain maximum level. Income can come from earnings at work. It can also include child support payments and other sources of income. You must check with the SSA to figure out if you meet the income and asset rules. You cannot simply assume that you meet their rules, because the rules are complicated.
The SSA looks at the income of all of the people in your house on a monthly basis. Also, the SSA requires you to report any changes in income. This helps them determine whether you can continue to be paid SSI benefits. For information about the income and asset requirements for SSI, contact Cannon Disability.
DISABLED ADULT CHILD BENEFITS
Disabled Adult Child Benefits (DAC) are not SSI benefits. DAC benefits are based upon the earnings record of the parent of the child. DAC benefits are paid to a child age 18 or older, as long as the child’s disability began prior to the age of 22. These benefits are also paid to full time elementary or secondary school students under age 19. If the child’s parent is alive, the parent must be getting retirement or disability benefits. If deceased, the parent must have worked and paid into the Social Security system long enough for survivor’s benefits to be paid.
A disabled child, age 18 or older, can be paid Social Security Benefits based on the account of a parent. But, only when a parent has worked long enough under the Social Security program and is also getting SSD benefits or is deceased.
The SSA uses the same rules in childhood cases that it does in adult benefit cases. The child must be unable to work because of a medical condition that will last at least 12 months or to result in death.
Additionally, there is another rule you may not be aware of. The mental or physical condition your child has must have started before age 22. The SSA will require you to submit all medical and school records that support your child’s medical condition before the age of 22. You can also submit IEP information, psychological evaluations, and IQ testing.
SUPPLEMENTAL SECURITY INCOME BENEFITS FOR YOUR CHILD
There are a number of ways that adults can win SSI benefits. Children seeking SSI benefits have the same legal arguments as adults do. For example, an adult can win benefits if they meet or equal a listing under step three of the review process. Adults can also receive benefits if they are unable to perform any job in the national economy.
Children have similar rules. For example, they can meet or equal a listing. However, since children do not work, the SSA uses six functional domains for children, instead of using a work analysis. If you are an adult, then the SSA uses a work analysis which centers on your residual functional capacity. Learn about step four of the review process.
If you are a parent and your child receives SSI benefits, then there is a good chance you will be your child’s representative payee. Learn about the rules that govern a representative payee and your benefits. There are rules you must follow to use your child’s monthly payments for their best interest.
SIX DOMAINS OF FUNCTIONING
The SSA uses six different domains of function to decide whether your child can be paid SSI benefits. The SSA looks at records to see how your child performs in the six domains while they are in school, at home, and with friends and family.
THE FIRST THREE DOMAINS
The functional domains go into detail about your child’s physical and mental conditions. For example, the first two domain areas ask 1) How does your child acquire and use information? and 2) How does you child attend and complete tasks? For example, the SSA may examine how your child uses information at school. Or, they make ask if your child does their homework and turns it in on time.
Another domain is about how your child interacts and relates to others. In this instance, the SSA will look to see if your child is making friends at school or how they play with their brothers and sisters. This is often an important domain, because many children with mental or physical issues have trouble making friends at school. Likewise, they may have problems at home getting along with their brothers and sisters or other members of their family. You can learn about these childhood domains.
THE NEXT THREE DOMAINS
Moving and handling objects is another domain. Obviously, this domain focuses on physical ability. For example, does your young child builds with blocks. Or, can your early school age child use crayons and write her name? Likewise, playing with a ball, running, climbing, and riding a bike are other elements of this domain.
Finally, there is a domain called caring for self and physical well being. Here, the SSA will look at whether your child can bathe and dress himself. Similarly, they may ask questions about whether or not your child brushes her teeth or makes her bed. Put simply, can your child perform basic hygiene tasks.
Other questions include issues of safety. For example, does your child know not to run into a busy street or not to jump into a pool if they cannot swim. These domains may seem very basic to you. However, many children with physical and mental illness have issues in these areas. The SSA will accept written medical evidence that talks about these domains. Also, they will accept written evidence from teachers or family members of the child.
WE CAN WIN CHILDREN’S SSI BENEFITS
When we represent your child, we will argue that her condition meets one of SSA’s medical rules, known as the listing. SSA’s listing are in the “Blue Book.” Because, literally they used to be printed in a blue book.
If your child does not have every symptom found in a certain listing, then they do not meet that listing. So, if that argument is not possible, then we will argue that your child’s illness equals a listing. Finally, if those two arguments are not possible, then we will argue SSI benefits are due using the functional domains.
In order to win SSI benefits, however, you will first need to submit an SSI application for your child to the SSA. You can file for benefits online at Social Security’s website.
At our law firm, we can help you file your application for your SSI benefits. Learn about children’s benefits for cerebral palsy or diabetes type 1. Additionally, we can help you if your child has cancer, like Ewing sarcoma. However, we can’t file the SSI application for you. Why? Because we need specific information about your child. However, we can help you file your SSI application.
ALWAYS APPEAL A DENIAL FROM THE SSA
If you receive a denial from the SSA, then we can also help you appeal. The first denial is the initial stage of the case. You usually receive a denial after filing an application. Ninety percent of cases are denied after filing an application. After the initial denial, you have 60 days to file an appeal. If you receive another denial, then you have 60 days to request a hearing.
The SSA has specific forms for you to use to file an appeal. Learn about SSA appeal forms. Although we cannot complete forms about your child’s activities of daily living, we can answer questions about the forms. Also, we can help you get the statements you need to support your claim for benefits.
For example, you will need written statements from your school teachers and counselors. Additionally, if your child has a tutor, then they can provide a statement. Likewise, statements from family members help. However, the most important evidence are medical reports from your doctor. We can help you get what you need to win benefits. Hire us to help you obtain children’s SSI benefits.
OUR LAW FIRM HELPS CHILDREN WIN SSI BENEFITS
Our attorneys help families and children throughout the country. For example, we practice Social Security law in Utah. You can find information about Utah SSI benefits. Nevada SSDI and SSI information and Idaho SSI benefit information are also available for you. You can also learn information about Colorado SSI benefits information and California SSI benefits. No matter what state you live in, we can help you.
While you are our client we help you file your application for SSI benefits. Also, we work with you during the appeal process. At each level of appeal, we will collect your medical records. Our goal is to use your medical records to prove to the SSA that your child deserves SSI benefits.
We can also prepare your child or a family member to testify in court. By the time you attend a hearing, you will know what to expect. You should be able to testify easily, because you will know what to expect. Learn about your Social Security hearing. Then, contact our law firm to help you win children’s SSI benefits.
