How can I figured out if my child is eligible for social security disability insurance?

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Question:

How can I figured out if my child is eligible for social security disability insurance?

Answer:

There are medical and non-medical reuirements for SSDI eligibility. The definition Social Security uses to determine if a child is eligible for Social Security Disability Insurance is stringent.  A child must have a physical or mental condition, or combination thereof, that result in “marked and severe functional limitations.  Additionally 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.

Social Security has a listing of impairments for children that cover the 14 major body systems.  If a child’s condition meets or exceeds any of the conditions on the Listing of impairments a child can be found to be disabled by operation of law.  You should discuss with your child physician the level of severity of your child’s condition.

The best method to determine if your child is eligible for Social Security Disability Insurance is to apply for benefits. There is no fee required to apply.  Some conditions qualify for presumptive benefits.  Your child can only get presumptive benefits for six months; benefits will end in six months even if you have not received a decision on the application.  If denied you will not have to repay the benefits received.  The conditions that qualify are:

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

You should consider getting legal assistance as getting benefits for children can be difficult.

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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