What types of disability compensation are available for children?

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Question:

What types of disability compensation are available for children?

Answer:

Children with disabilities are eligible for both Social Security Disability Insurance (SSDI) and Supplemental Security Income under certain circumstances. Under Social Security's definition, a "child" must be the age of 18 or if over 18 but under 22 years of age, must regularly attend school. Children may qualify for SSI if the disabling condition is severe enough and they meet income requirements. Children may qualify for SSDI if a parent or guardian is disabled.

Types of Disability Compensation Available for Children

SSI for those under the age of 18. SSI is available to individuals who meet the disability requirements but have little income or resources. This applies to children under the age of 18.SDI for children based on the record of a parent. If a parent is disabled, the child may receive benefits as a dependent of that parent.SSDI for those disabled since childhood. An individual disabled since childhood may receive disability benefits upon becoming an adult using the parent's social security number and work record. This option is called a "child’s benefit" even though it is derived using the parent's earning record.

Conditions Covered for SSI Benefits

The following medical conditions may qualify a child for immediate SSI benefits:

  1. Blindness
  2. Total deafness
  3. Birth weight below 2 pounds, 10 ounces
  4. HIV infection
  5. Cerebral palsy
  6. Down Syndrome
  7. Muscular dystrophy
  8. Severe mental retardation

Whether the condition is physical or mental, or a combination, the condition(s) must 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.

It usually takes the SSA three to five months to determine whether your child qualifies. To facilitate a smoother process, you should provide all relevant information to help the evaluation and expedite the process.

Re-Evaluation at 18 for SSDI

Social Security Administration will re-evaluate the child's condition at 18 by comparing the listed disability with the Listing of Impairments for Adults to determine continued eligibility. SSA will also look at any training the child may have received in school as well as the child's ability to earn a living.

Discuss your situation with an experienced social security benefits attorney.

References:

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