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Should I get a lawyer if deeming is being applied to my child's SSDI application?
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.
Deeming occurs when the SSA considers parental income in determining a child's SSDI benefits. Deeming can be a bad thing when it comes to an SSDI application, because a child that could otherwise get benefits may be made ineligible if his parent's income is too high and if the deeming makes it appear that the child earns too much.
If you find this occurring in your situation, you should strongly consider hiring a lawyer. An attorney that is experienced in the SSDI process can greatly assist you filing the proper paperwork required, and making the proper argument on your behalf in order to prove that too much of your income has been attributed to the child. They know to use the correct medical and legal jargon that will help to convince the SSA that what is being done to your child is unfair. You may also notice that your lawyer gets a much more significant response from any correspondence that is sent to the administration. It’s not that you’ve done anything wrong, it’s more a case of the administration knows that you are taking your rights seriously, since you hired a lawyer. No matter what the case is, a obtaining a professional attorney greatly increases your chances of receiving benefits.
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