Child Disability Cases: Special Disorders and Income Effects

Child Social Security Disability

• Child SSDI Overview
• Qualifying for Child SSDI
• Child Disability Medical Exams
• Eligible Child Disabilities
• Child Disability Claim Evaluations
• Approved Child Disability Claims
• Denied Child SSDI Claims and Appeals
• Special Circumstances for Child SSI and SSDI

There are often mental and/or personality related Disability conditions which may be difficult to prove and require extra attention in filing a succesful Disability Claim to recieve benefits. Here are some of the common types of Child Disability claims that become disputed:

ADHD – understanding the severity of this disability is not always readily apparent when reviewing paper records. Live testimony from parents, teachers and other professionals working with the child are more persuasive, as the personal observation and testimony of the claimant to the ALJ
Autism – the listing of impairments for Autism requires a showing of medical as well as function limitations. This can sometimes be difficult. This is another type of disability where live testimony of parents, teachers, and other persons that work with them.
Other Mental Issues – proving mental disabilities can be difficult in adult and children’s cases.

Income and Affect on Child Disability Payment Determination

Deeming is the process by which Social Security attributes a part of the parents income as available to the child in determining eligibility for SSI benefits.Deeming applies if the parent(s) has income and/or resources that Social Security must consider, and The child is under age 18; and

• lives at home with his or her natural, or adoptive parent(s);or
• lives away at school, but comes home on some weekends, holidays, or school vacations and is subject to parental control.

Examples of payments or services we do not count as income for the SSI program include but are not limited to:

• the first $20 of most income received in a month;
• the first $65 of earnings and one–half of earnings over $65 received in a month;
• the value of food stamps
• income tax refunds;
• home energy assistance;
• assistance based on need funded by a State or local government;
• small amounts of income received irregularly or infrequently;
• interest or dividends earned on countable resources or resources excluded under other Federal laws;
• grants, scholarships, fellowships or gifts used for tuition and educational expenses;
• food or shelter based on need provided by nonprofit agencies;
• loans to you (cash or in–kind) that you have to repay;
• money someone else spends to pay your expenses for items other than food or shelter (for example, someone pays your telephone or medical bills);
• income set aside under a Plan to Achieve Self–Support (PASS). See the SSI Spotlight on Plans to Achieve Self–Support;
• earnings up to $1,640 per month to a maximum of $6,600 per year (effective January 2010) for a student under age 22. See the SSI Spotlight on Student Earned Income Exclusion;
• the value of impairment–related work expenses for items or services that a disabled person needs in order to work. See the SSI Spotlight on Impairment–Related Work Expenses;
• the value of work expenses that a blind person incurs in order to work. See the SSI Spotlight on Special SSI Rule for Blind People Who Work;
• disaster assistance;
• certain exclusions on Indian trust fund payments paid to American Indians who are members of a federally recognized tribe.

It is possible for a child to be medically eligible for SSI benefits but ineligible due to income. When a child becomes 18 deeming is no longer an issue in getting SSI benefits

Disability and Child Support

Can your benefits be attached for child support – child support is one of the few obligations for which Social Security benefits can be attached. Benefits for Dependents -- An adult receiving benefit can get benefits for his or her dependents, which could resolve child support issues.

Child Disability Hearings with an ALJ

In children’s cases the hearing before an ALJ is often what will win a case. The problem with children’s cases is twofold. The child usually has no work record and because of the time it takes to get to a hearing, some of the information the ALJ has to review is old.

The ability of the ALJ to observe or question a child first hand in the hearing process is invaluable. A case ADHD may not seem that severe when reading it on paper. Observing a child that is literally bouncing off the walls despite medication is another.

Help from a Disability Lawyer

Social Security is complicated for the layperson.  There is case law, regulations, and Social Security manuals that can affect determinations of disability.  Disability lawyers can simplify this process. Children’s disability cases are more difficult than those for adults are.  Legal representation is very important in these cases because they are often won at the ALJ level where direct testimony of parents, teachers, and other professionals that interact with the child on a daily basis will be decisive in proving a disability case.