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 Benefits

Posted on January 22, 2008 by Dory Sutker

"I’ve worked all my life so why can’t I get my disability benefits?"

One refrain that I hear frequently goes something like this. "I’ve worked all my life but Social

Security" won’t give me my disability benefits. I know a guy who never worked a day in his life and he gets disability benefits". It’s important to understand that SSA has several different disability programs. They have disability insurance benefits, supplemental security income (SSI), widow’s benefits, disabled adult child benefits, and child SSI benefits. Let’s just focus on the first two for now.

In order to get benefits from any of SSA’s programs, you have to prove that you are disabled under SSA’s definition of disability. SSA defines disability as being unable to do any substantial gainful work due to a medical condition which has lasted or is expected to last for at least 12 months in a row. (The definition for a child is different.)

But, each program has  requirements. For disability insurance benefits, you have to prove that you meet the earning requirements. This is where the working all one’s life becomes relevant. The earning requirement is technical and a little difficult to understand. There are some special earning tests for persons under the age of 24 and persons between the ages of 24-31, but the basic test is that a person needs credit for 20 calendar quarters of work during a 10 year period ending in or after a quarter in which disability exists. In addition, one needs at least 40 quarters of coverage over a lifetime. This is called the 20/40 test.

For SSI, no work history is necessary but you must meet the income and resource test. Your income and resources must fall below a threshold level. Spousal income is considered in determining whether the income and resource test is met. So, a disabled, indigent person can get SSI benefits even if he/she never worked a day in his/her life.

Working all your life fulfills one requirement for benefits but you must also prove that you are disabled under Social Security Administration’s definition of disability. (See previous blog entries for discussion of what constitutes disability.)

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

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