Social Security Disability For Children

Posted on January 15, 2009 by Suja Varghese

Social Security Children’s Benefits

Some of our clients call us because they need some help with their children who are disabled. I noticed a pattern in the questions, and decided to post a small blog of frequently asked questions as they relate to children’s social security disability benefits.

What type of benefits are available for disabled children?

                Some children who are either born with or develop medical conditions may be eligible for Social Security Disability benefits.

We already know that people who have worked can usually be eligible for Social Security Disability Insurance (SSDI), or if not, possibly Supplemental Security Income (SSI). So, what type of benefits could a disabled child be eligible for?

 

Disabled children may apply for Supplemental Security Income (SSI) benefits. It is the same program used for adults who either never have worked, or have not worked in a long time. A child under 18 can qualify for SSI if he/she meets Social Security’s definition of disability for children, AND, if his/her income and resources fall within the eligibility limits. The federally permitted SSI amount paid monthly is $674.00 for 2009, but it may vary depending on where you live. The amount of the SSI payment is different from one state to another because some states add to the SSI payment. Your local Social Security Office can tell you more about your state’s total SSI payment. Click here to see the local office SSI calculation.

 

 

 

 

To learn more about our social security lawyers please read about Dory Sutker, or Suja Varghese.

 

 

When is the earliest date that SSI can be paid?

 

The earliest date that SSI can be paid is the date that the application was filed, however, if the child’s impairment or combination of impairments didn’t reach the severity level as determined by Social Security Administration (SSA) regulations, the claim may be granted well after the date of the application.

What happens if the SSI claim is paid from a date other than the application date?

 

If the SSI claim is paid from a date other than the application date, you may appeal the time period that hasn’t been awarded, but if you do so, the review will be “de novo”, which means that the entire claim can be reversed and you will be forced to pay SSA back for the money they have already paid, if any.

If your child is receiving medical treatment for a condition that is not expected to resolve in twelve (12) months, we encourage you to apply for benefits immediately.

For example, a woman contacted us about her eight year old child, who had been receiving treatment for a combination of physical and mental conditions. The mother described the problems she had had with her son's behavior, both in school and at home, and it sounded rather severe. These problems had persisted despite appropriate medical treatment. So after a few years of dealing with her son's impairments, she finally decided to file for benefits.

Wouldn't you know it, the medical records describing her son's symptoms showed that although he had experienced problems that SSA would find disabling and grant benefits for, the medical records of the current time period --- from the date of the application --- showed that his symptoms had become more manageable, for whatever reason.

Ultimately, his claim was denied.

If you have a child who has been diagnosed with medical condition(s) that limit or prevent them from behaving either physically or mentally like other children of their age, you may want to consider discussing with their treating physician whether these symptoms will last for the next twelve months. If the physician says yes, then you should file a claim for SSI on your child's behalf. If your child's symptoms getting better while the claim is pending, then you can decide to withdraw the application.

As always, we atGreenberg & Bederman are available to answer an questions you may have regarding this or any other Social Security or personal injury question, including medical malpractice issues involving nursing home abuse or neglect, and accident injury cases.  If you want to learn more about social security law, please read our social security disability FAQ page.  If you want to learn more about our social security disability lawyers, please read about Suja Varghese, or Dory Sutker.
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Social Security Estimator

Posted on August 11, 2008 by Dory Sutker

Ever wonder how much you’ll receive in retirement benefits from Social Security? Now you can find out the answer. Recently, the Social Security Administration (SSA) added the retirement estimator to its website. The estimator is a planning tool that permits you to get a personalized estimate of your potential Social Security retirement benefit.

It is tied to your actual earnings record so you do not need to enter years of earning information. Your reported earnings are automatically accessed.

The Social Security Administration maintains that the site is secure. According to the Social Security Administration, the estimator does not reveal any personal information such as your address, earnings, or other information. The estimates are only provided online. And, for security reasons, there are time limits for viewing each page. After 25 minutes without any activity, you are given a warning.

The estimator is not for everyone. It is intended for use by those you are not receiving benefits (including medicare) on their own social security record and have enough credits to qualify for benefits. If you are subject to an offset based upon a pension, it is not for you.

One benefit of the estimator is that you can compare different retirement options by entering different dates of retirement or expected earnings. But, keep in mind that estimates are just estimates. The estimator is not adjusted for inflation and it bases its estimate on projected earnings.

To access the retirement estimator go to www.ssa.gov and click on retirement.

To learn more about social security disability law issues please click social security law. To learn about our social security disability lawyer in Maryland, please click social security disability lawyer maryland, and read our firm bios on Dory Sutker or Suja Varghese.

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Slips on Ice

Posted on December 6, 2007 by Jason Fernandez

As I walked down the escalator at my neighborhood Metro station and sipped my morning green tea, I slipped on wet stairs and slid down the escalator about 10 feet.  Fortunately, other than my embarrassment, some spilled tea, and arriving late to work, I suffered only some minor bruises and aches.

When I got to the office, some of my co-workers asked if I had notified Metro and filled out an accident report. I did not. The reason -- I knew that Metro was not responsible for my particular accident. When walking in rain, snow, or any wet-conditions, it is my responsibility to be as careful as possible.

Every year, I receive phone calls from people seeking consultations and advice for accidents involving slips on snow and ice. The vast majority of these cases are rejected. It is extremely difficult to prove that some person is responsible for the results of weather. The District of Columbia has repeatedly upheld decisions favoring landlords and/or property managers when people slipped on ice on their property. Why? It's simply too difficult to prove that the person(s) is/are liable.

In order for liability to be demonstrated, a person must either know or should have known that a danger exists. Since ice and moisture can appear suddenly, the burden is on the plaintiff to show that the appropriate person was notified of the dangerous condition and failed to act reasonably within a reasonable period of time.

The best advice is simply to watch and be careful. I will definitely be wearing the snow boots I had from my mid-western winter days on my way to work tomorrow.

To learn more about premises liability or slips and falls, please see our website at premises liability.  To learn more about our personal injury lawyers, please click on personal injury lawyers maryland and read our firm bios on Andrew Bederman, Roger Greenberg, or Jason Fernandez.

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