Filing for SSI Disability for Children

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SSI refers to a program called Supplemental Security Income. SSI is an assistance program managed by the Federal government that provides financial assistance to the elderly who are 65 or older and to those who are blind or disabled. The Social Security Administration oversees the program, and it is different from SSDI (social security disability insurance) benefits because funds for SSI come from the general tax fund. Since funding does not come from Social Security taxes, there are no requirements that concern work, unlike with SSDI, which is available only to those who have worked long enough to pay into the system. This makes SSI disability for children the appropriate benefits program to provide income to a disabled child.   

Disability for Children 

If a child is under the age of 18 and is disabled, he or she may qualify for Supplemental Security Income. However, eligibility is largely determined by the amount of resources and income of the child and the family. The rules stipulate the following:

  • The child cannot earn more than $1000 dollars a month to collect benefits. Parental income is also considered, as some of this income is expected to go to the child's care. This amount is the amount for 2011 and typically changes every year.   
  • The child's mental or physical condition must also cause functional limitations that are "marked" or that are "severe." The exact severity required and the symptoms that qualify a child vary based on the specifics, but generally the conditions must be limiting to the child’s activities. The condition(s) also need to have already lasted, or be expected to last, for 12 or more months.

It is also important to note that if the child is in a care environment and not being raised at home, then the income for SSI is limited to $30.00 per month if that child's placement is being paid for by a government program.

Conditions That Allow for Eligibility

Some conditions that would qualify a child for SSI disability benefits include:

  • Total blindness or deafness
  • HIV infection
  • Cerebral palsy
  • Muscular dystrophy 
  • Down syndrome,
  • Severe mental retardation
  • A birth weight below two pounds and 10 ounces.

Other conditions may also qualify a child, dependent on his or her symptoms and how much of an impact the conditions have on that child's life.

Filing for Benefits

Parents need to be prepared to explain the child’s condition(s).  They will need to give explicit details about the condition(s) and in what ways it limits the child’s functioning everyday.  Also needed is permission for doctors, teachers, therapists, or other professionals to be contacted to help assess the child’s disability.   

When filing the paperwork, it would be helpful to bring any school medical records that you have. This will aid in the decision making process, and it may make it go faster. Next, the information you give will be forwarded to the Disability Determination Services in the state where you reside.  If they decide your child needs a doctor’s exam or a medical test, the state will pay for it. 

Receiving Benefits 

It will take between three and five months for a decision to be made about your child’s need for disability benefits. For certain conditions, payments will begin right away, and they will continue until the state has determined the need and the level of benefit. If you have received these payments and the state determines that your child does not qualify for SSI, then you will have to pay back the government for those extra payments.  If your child is qualified for SSI assistance, the law has requirements during the period of time he/she receives them. This is to ensure that the child is still disabled. This review is done every three years at a minimum if the child is under the age of 18 and the medical condition is expected to improve. If the child had low birth weight, then the review is done by the age of one year.   When your child turns 18 years old, he/she is considered an adult. The rules and conditions are different for adults to receive benefits. For one thing, the income and resources of the family are no longer included in the requirements. Also, the disability rules for adults, both medical and non-medical, are different than for a child. Therefore, at 18, the child will be reviewed to see if his/her condition meets the adult disability rules. If your child was disabled but the family’s resources were too high for the child to qualify, then he may qualify after the age of 18. 

When filing for SSI benefits for a child, there are several things that are required:

 

  • Parents need to be prepared to explain the child’s condition(s).  
  • They will need to give explicit details about the condition(s) and in what ways it limits the child’s ability to function everyday.  
  • Parents also must grant permission for doctors, teachers, therapists, or other professionals to be contacted to help assess the child’s disability.   

 

The initial application may be accessed online but must be signed and submitted by mail or in person to the local SSA office. When filing the paperwork, it is helpful to bring any school medical records that you have. This will aid in the decision making process and may make it go faster. 

After you submit your application, the information you provide will be forwarded to the Disability Determination Services in the state where you reside. If they decide your child needs a doctor’s exam or a medical test, the state will pay for it. 

Getting Help

To determine if your child is eligible for benefits or for assistance in filing an application for SSI disability for children, you should strongly consider speaking with an attorney. Your lawyer can help you to take the steps necessary to ensure your child gets the income he or she needs to be properly cared for.

This article is provided for informational purposes only. If you need legal advice or representation,
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