Children's Disability Claims

Child's Benefits

A disabled child who is dependent upon a parent, legal caregiver or appointed guardian may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). This can also be applied to any adult who became disabled as a child. The Social Security Administration calls these “child’s benefits” because they are paid based on a parent’s Social Security earnings record.

Social Security Benefits for Disabled Children 18 and Under

Children, 18 years and under, can be eligible for the SSI program when their families have little or no income or resources. This program is based on need rather than prior work history. Payments to children can be made regardless if the parent, legal caregiver or appointed guardian is retired, disabled or has died. The benefits will continue to be paid as long as the child is disabled or has little or no income or resources.

How to Determine if a Child is Considered Disabled

• The child has a physical or mental condition so severe that it results in functional limitations
• The child’s condition is expected to last at least 12 months or more or can result in the death of that child

Disabled Individuals 18 and Older

• Individuals over 18 are considered disabled if they meet the same eligibility requirements for SSDI and SSI that adults do
• The person's condition must be severe enough to prevent them from doing any kind of work for which they are suited

When deciding if a child can receive SSI, consideration of the income and resources of other family members living in the child’s household are taken into account. These considerations apply if the child lives at home or lives away from home but returns home and is subject to a parent, legal caregiver or appointed guardian’s care and control.

Requirements For Children to Receive SSI:

• The child must not be working and earning more than $1,000 per month
• The child must have a physical or mental condition, or a combination of conditions, that result in "marked and severe functional limitations."
• The child’s condition(s) must have lasted, or be expected to last, at least 12 months; or must be expected to result in death

At SSI Associates we will ask you for detailed information about your child’s medical condition and how it affects his or her ability to function normally on a day-by-day basis. Your lawyer will also contact doctors, teachers, therapists and other professionals who might have information about your child. All medical and school records will be needed for the social security appeal process.

The following are some conditions that may qualify a child to receive disability benefits right away:

• HIV infection;
• Total blindness;
• Total deafness;
• Cerebral palsy;
• Down syndrome;
• Muscular dystrophy;
• Severe mental retardation (child age 7 or older); and
• Birth weight below 2 pounds, 10 ounces.

If your child is not eligible to receive benefits before they turn 18, he or she may become eligible at the age of 18. Call SSI Associates today for a consultation or fill out our free claim evaluation to find out more information on whether your child qualifies for SSDI or SSI benefits.