Child Social Security Disability and
SSI Disability Explained
Three Ways A Child Can Get Benefits From Social Security Or SSI
There are three ways a child might be eligible for benefits from
Social Security or SSI. The three kinds of benefits are:
SSI Benefits For Children--
These are benefits payable to disabled children under age 18 who
have limited income and resources, or who come from homes with
limited income and resources.
Social Security Dependents Benefits--
These are benefits payable to children under
the age of 18 on the record of a parent who is collecting
retirement or disability benefits from Social Security, or
survivors benefits payable to children under the age of 18 on the
record of a parent who has died.
Although children under
age 18 who are eligible for these benefits might be disabled, we
do not need to consider their disability to qualify them for
Note: A child can continue receiving dependents or
survivors benefits until age 19 if he or she is a full-time
student in elementary or high school.
Social Security Benefits For Adults
Disabled Since Childhood--
Dependents benefits normally stop when a child reaches age 18 (or
19 if the child is a full-time student). However, those benefits
can continue to be paid into adulthood if the child is disabled.
To qualify for these benefits, an individual must be eligible as
the child of someone who is getting Social Security retirement or
disability benefits, or of someone who has died, and that child
must have a disability that began prior to age 22.
Although most of the people getting these benefits are in their
20s and 30s (and some even older), the benefit is considered a
"child's" benefit because it is paid on the basis of a parent's
Social Security earnings record.
SSI Benefits For Children With Disabilities
SSI is a program that pays monthly benefits to people with low
incomes and limited assets who are 65 or older, or blind, or
disabled. Children can qualify if they meet Social Security's
of disability for SSI children and if their income and assets
fall within the eligibility limits.
As its name implies, Supplemental Security Income
supplements a person's income up
to a certain level. The level varies from one state to another and
can go up every year based on cost-of-living increases. Your local
Social Security office can tell you more about the SSI benefit
levels in your state.
Rules For Children Under 18
We consider the parent's income and assets when deciding if a
child under 18 qualifies for SSI. This applies to children who live
at home, or who are away at school
but return home occasionally and are subject to parental control. We
refer to this process as "deeming" of income and assets.
Check with your Social Security office for information about your
child's specific situation and for a full explanation of the
Rules For Children 18 And Older
When a child turns age 18, we no longer consider the parent's
income and assets when we decide if he or she can get SSI. A child
who was not eligible for SSI before his or her 18th birthday because
the parent's income or assets were too high may become eligible at
If a disabled child getting SSI turns 18
and continues to live with his or her parents,
but does not pay for food or
shelter, a lower SSI payment rate may apply.
While your local Social Security office decides if your child's
income and assets are within the SSI limits, all documents and
evidence pertaining to the disability are sent to a state office,
usually called the Disability Determination Service (DDS). There, a
team, consisting of a disability evaluation specialist and a medical
or psychological consultant, reviews your child's case to decide if
he or she meets our definition of disability.
If the available records are not thorough enough for the DDS team
to make a decision, you may be asked to take your child to a special
examination that Social Security will pay for. It is very important
that you do this, and that your child puts forth his or her best
effort during the examination. The results of the examination will
not be considered valid unless your child puts forth his or her best
effort. Failure to attend the examination, or invalid results due to
poor effort, could result in an unfavorable decision.
Deciding SSI Disability For Children Under 18
The law states that a child will be considered disabled if he or
she has a physical or mental condition (or a combination of
conditions) that results in "marked and severe functional
limitations." The condition must last or be expected to last at
least 12 months or be expected to result in the child's death. And,
the child must not be working at a job that we consider to be
To make this decision, the disability evaluation specialist first
checks to see if the child's disability can be found in a special
listing of impairments that is contained in Social Security's
regulations. These listings are descriptions of symptoms, signs or
laboratory findings of more than 100 physical and mental problems,
such as cerebral palsy, mental retardation or muscular dystrophy,
that are severe enough to disable a child. The child's condition
does not have to be one of the conditions on the list. But, if the
symptoms, signs or laboratory findings of the child's condition are
the same as, or medically equal in severity to the listing, your
child is considered disabled for SSI purposes. If your child's
impairment(s) does not meet or medically equal a listing, the DDS
then decides whether it "functionally equals" the listings. They
assess the effects of the condition or combination of conditions on
your child's ability to perform daily activities by comparing your
child's functioning to that of children the same age who do not have
impairments. To do this, they consider questions such as:
- What activities is your child able or not able to perform?
- Which activities are limited in comparison with those of
- What type and amount of help does your child need to complete
To determine whether your child's impairment causes "marked and
severe functional limitations," the disability evaluation team
obtains evidence from a wide variety of sources who have knowledge
of your child's condition and how it affects his or her ability to
function on a day-to-day basis and over time. These sources include,
but are not limited to, the doctors and other health professionals
who treat your child, teachers counselors, therapists and social
workers. A finding of disability will not be based solely on your
statements or in the fact that your child is, or is not, enrolled in
special education classes.
A Special Message To Parents Of Children With Severe
The disability evaluation process generally takes several months.
However, the law includes special provisions for people (including
children) signing up for SSI disability whose condition is so severe
that they are presumed to be disabled. In these cases, SSI benefits
are paid for up to six months while the formal disability decision
is being made. (These payments can be made
only if the child meets the other eligibility factors.)
Following are some of the disability categories in which we can
presume your child is disabled and make immediate SSI payments:
- HIV infection
- Total Blindness
- Total Deafness (in some cases)
- Cerebral palsy ( in some cases)
- Down syndrome
- Muscular dystrophy (in some cases)
- Mental retardation
- Diabetes (with amputation of one foot)
- Amputation of two limbs
- Amputation of leg at the hip
If we make these special payments, and we later decide that the
child's disability is not severe enough to qualify for SSI, the
benefits do not have to be paid
Children with HIV Infection
Children with HIV infection may differ from adults in the way the
infection is acquired and in the course of the disease. DDS
disability examiners and doctors have been provided with extensive
guidelines to use when evaluating claims for children involving HIV
Some children may not have the conditions specified in our
current guidelines for evaluating HIV infection, but may have other
signs and symptoms that indicate an impairment that results in
marked and severe functional limitations. As indicated earlier, this
kind of evidence may help show that your child is disabled for SSI
Continuing Disability Reviews
After a child starts receiving SSI, the law requires that we
review the child's disability to verify that he or she is still
disabled. The continuing disability review (CDR) must be done:
- At least every three years for children under 18
whose conditions are expected to improve; and
- Not later than 12 months after birth for babies
whose disability is based on their low birth weight; unless we
determine the condition is not expected to improve by your child's
first birthday, and we schedule
the CDR for a later date.
At the time we do a CDR, the representative must present evidence
that the child is and has been receiving treatment that is
considered medically necessary and available for the child's
disabling condition. This requirement applies to all cases unless we
decide that such evidence would be inappropriate or unnecessary.
Disability Redeterminations At Age 18
Under the law, children who are eligible for SSI benefits in the
month before they turn age 18 must have their eligibility
The redetermination will be done during the one-year period
beginning on your child's 18th birthday, or in place of a CDR
whenever we determine the individual's case is subject to a
redetermination. We will use the rules for adults filing new claims
when making the redetermination.
Children In Certain Medical Care Facilities
The monthly SSI payment will be limited to $30 for children under
age 18 who live, throughout a calendar month, in certain
institutions where private health insurance pays for their care.
You have Disability Rights!...
if you've been disabled and are not able to work for at least
twelve months, then you should apply immediately as the social
security disability and (or) SSI Disability claims process takes a
long period of time to complete.
Get Started Click Here for a Free
Evaluation by a disability Attorney
Possible Social Security Disability Conditions *-
Cancer, Diabetes, Type 2
Diabetes, Diabetic Neuropathy, lupus, crohn's disease, multiple
sclerosis, High Blood Pressure (Hypertension),
Neck, Shoulder, Ankle, Wrist, Back, or other Joint Problems, Disc
Herniation, Degenerative Disc Disease, Spinal Stenosis, Carpal
Tunnel Syndrome, rsi or Repetetive Stress Injury, Inflammatory
Bowel Disease, Ulcerative Colitis, Irritable Bowel Syndrome,
Arthritis, Dysthymia, Depression or other Mood Disorders,
Congestive or Chronic Heart Failure, Type 1 Seizure Disorder,
Stroke, copd, Emphysema, Hearing Loss or Poor Hearing, Statutory
Blindness, Peripheral Field Problems or Other Vision Loss,
Clinical Obesity, Attention Deficit Hyper Activity or adhd,
Bipolar Disorder or Manic Depression, Panic Disorder,
schizophrenia, autism, head trauma, memory loss, low iq, mental
retardation, learning disability, epilepsy, cancer, chronic
fatigue, lupus, anxiety, inner ear problems, meniere's, vertigo or
dizziness, kidney failure requiring dialysis or other renal
problems, cirrhosis, hepatitis, or other liver disease,
pancreatitis, osteoarthritis, osteoporosis, asthma, bronchitis,
cystic fibrosis, rsd or reflex sympathetic dystrophy, ,
sarcoidosis, peripheral vascular disease, lyme disease, cerebral
palsy, down syndrome, hiv, aids, anemia, sickle cell, thyroid
problems including hypothyroidism, esrd or end stage renal
disease, reflux, gerd (gastroesophageal reflux disease), cfids,
muscular dystrophy, coronary artery disease, cardiomyopathy, or
tachycardia, bradycardia or other arrhythmia
*- Social Security Disability benefits may or
may not be awarded for disabilities due to the above conditions.
This information is provided as general information, not as legal
advice. The information is not intended to be unsolicited legal
advice. Fill the FREE QUICK
CLAIM EVALUATION to have an attorney review your disability
How Much will I get for my Disability Claim?
The dollar amount Social Security Disability or SSi benefits an
individual will get depends on how much that individual worked in the past
and earned during that time or in the case of SSi it depends on the
individual's claim circumstances . For disabled widow's, it depends on how
much the spouse earned and for a disabled child, it depends on how much
the parent earned.
What typically happens in a Social Security Disability
Typically you are denied your Disability Claim in the initial stage
(good reason why it is wise to have an experienced disability attorney).
40% of the claims are approved at that stage sometimes less. The next stage,
Disability Reconsideration, about 20% of the individuals win at that stage. The last
stage, the Hearing stage is where the individual actually has a hearing in
front of an Administrative Law Judge. The social security disability or
ssi disability hearing is informal with only
the judge, his secretary and often times the judge will have a vocational
expert present to testify as to what jobs the individual can perform.
Social Security Disability Attorney (is it wise to have
Social Security Disability attorney an experienced one
usually can be the difference. No fee is collected if you're social security disability claim is
not won, and fees are only collected on the back end. Disability lawyers receive 25% of
the back benefits up to a certain amount which has been set by law.
Get a FREE Immediate review by an
experienced disability attorney in your state.
Statistically claimants that are represented by an attorney are
much more likely to win their claim.
An experienced attorney knows what proof social security and ssi
disability system requires
Using legal help eliminates both the necessity of waiting in long
government lines and the chance that a government clerk’s incorrect notation
on your condition jeopardizing your claim.
All aspects of your case including complicated paper work will be
What to expect in a typical Social Security Disability
The hardest part of the whole claims process is being
patient. Once you request a Social Security Disability or SSi Disability
Claims hearing, it may take up to one year to actually have a hearing and
then another 3 to 6 months to get a decision. Again, that's why you want
to start your claims process with an experienced disability
What we do for you:
Your Social Security Disability or SSi Disability Claim will be handled at any stage in the process
including application and appeals. Remember, there are no fees unless you
win your case and you collect benefits.
As your social security disability claims
representatives we will:
Provide you with a thorough evaluation of your Social Security
Disability or SSI claim.
Obtain from Social Security the benefit amount you can expect to collect Act as your liaison with the Social Security Administration
Help you complete and process all paperwork and applications for your
Investigate all medical documentation and obtain additional reports for
your Social Security Disability or SSI Disability Claim
Prepare you for any Social Security required hearings
Make sure you receive all the Social Security Disability and/or SSI
Disability benefits you are entitled to.
Specific questions about your particular social security disability
claim? You should speak to a disability attorney.
Click Here to start a Disability Claim