How will my child disability claim be evaluated by the SSA?

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Question:

How will my child disability claim be evaluated by the SSA?

Answer:

Child disability claims are made through the SSI or supplemental security income program, as opposed to through the SSDI program which primarily covers disability benefits for working adults who have become disabled. SSI is appropriate for children who have a severe disability that interferes with their ability to function normally. A child who has a minor learning disability, for example, would not qualify but a child who has a severe disability that is either mental or physical and that has a major impact on the child's life, is likely to qualify. 

The SSA will thus look at the medical evidence you have in order to determine if the child falls within their definition of a disabled child who is eligible for benefits. In addition to looking at the severity of the disability, the SSA also looks at whether it is expected to last for 12 or more months or be fatal. Assuming that the child is considered disabled enough to qualify for benefits and that the disability is expected to be long term, then the next important thing that the SSA will look at is whether he or she meets the other requirements. One of those requirements is income: the child cannot earn more than $1000 per month in order to qualify for SSI benefits. The SSA also looks at the income of the family as a whole in determining eligibility as long as the child lives at home. If a child lives in a medical care facility, then SSI benefits are more limited. 

To determine if your child is eligible or for help making a claim, consult with a lawyer as soon as possible. 

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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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