Having a child with a disability profoundly affects the entire family. Even the most loving and supportive parents and siblings experience emotional distress as they cope with this challenging situation. In addition, families often struggle financially to afford special caregivers and therapeutic interventions not covered by insurance. Fortunately, the Social Security Administration (SSA) provides benefits for children with disabilities. However, applying for and receiving these benefits is a lengthy and often complicated process. Therefore, you will have faster and more favorable results if you hire a child disability lawyer.Do You Have a Case?
Children younger than 18 may be eligible for Supplemental Security Income (SSI) benefits if they meet certain conditions:
The family’s household income, assets, resources and other factors are also taken into consideration.
The Social Security disability system is complex, with many rules, regulations and exceptions. A lawyer who specializes in this area knows how to achieve the most favorable results in the shortest amount of time.
Here are some of the many things a child disability lawyer will do:
Like lawyers who handle Social Security claims for adults, child disability lawyers work on a contingency basis. This means they collect their fee only after your case is won, regardless of how long it takes. Disability lawyers typically do not ask their clients to pay up-front fees or retainers.
The three basic ways to qualify for disability benefits are listed below.
However, exceptions may apply for children (and adults) who do not meet the stated criteria. That’s why you should consult an experienced child disability lawyer to make sure your child receives the benefits your family deserves.
The SSA publishes a list of qualifying medical impairments along with specific criteria for each impairment.
For example, the list may include sensory or respiratory disorders such as asthma or visual or hearing impairments. Nonetheless, a child will qualify only if the condition is severe enough to affect basic functions such as learning or communication.
Another example is cerebral palsy, which causes severe mental and physical impairment in some children while others experience less serious consequences.
Children whose conditions are not on the qualifying list, or those who don’t meet the qualifying criteria may still be eligible for benefits. These individuals may be approved if the SSA considers their condition equivalent in severity to a listed impairment.
Some individuals may qualify even when their condition does not appear on the qualifying list or does not medically equal one of the listed impairments. In these cases, the SSA considers the degree to which the impairment reduces the person’s ability to function. To make a determination, the SSA may conduct a “residual functional capacity” (RFC) assessment to ascertain the severity of the person’s limitations.
Yes, children and teenagers who suffer from severe mental impairments or serious emotional issues often qualify for disability benefits.
If your child’s mental condition is on the SSA’s list of qualifying disabilities, they will probably be approved automatically.
Additionally, children who have severe limitations as a result of their conditions are also likely to be receive benefits.
Otherwise, the SSA will assess your child’s limitations in several areas that include ability to pay attention, learning and using information, completing tasks and communication/interacting with others.
Here are some of the more common qualifying mental impairments, providing the child or teen suffers severe limitations as a result.
No, health care and medical insurance are not included as part of the SSI benefits package. However, in Michigan, children who qualify for SSI may also be eligible for health care through the Medicaid program.
For information, contact the Michigan Department of Health & Human services or visit www.michigan.gov/medicaid.
A person who qualified for SSI benefits as a child may continue to receive benefits as a “disabled adult child.” These benefits are known as Social Security Disability Income (SSDI).
The individual must meet the following criteria:
If a disabled adult child who was receiving SSDI gets married, the person will probably not be able to continue receiving SSDI benefits. However, if the individual marries another disabled adult child, they may still be able to receive SSDI benefits.
A qualified child disability lawyer will be able to recommend the best course of action to receive the benefits you’re entitled to.
Social Security law is complicated, but finding the right lawyer is simple.Do You Have a Case?
Call 1-800-CALL-SAM today for a free, no-obligation remote consultation from the comfort and safety of your home.
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