How To Receive Social Security Disability Benefits For Your Child With Special Needs

IS MY CHILD WITH A DISABILITY ENTITLED TO SOCIAL SECURITY BENEFITS?

Children younger than 18 may be eligible for Supplemental Security Income (SSI) benefits if they meet certain conditions:

• The child must have a physical or mental condition(s) that very seriously limits their activities.
• The condition(s) must have lasted, or must be expected to last, at least one year or result in death
• The child must have minimal or no income and resources.
• The family’s household income, assets, resources and other factors are also taken into consideration.

Recommended reading: Why You Shouldn’t Pay for a Disability Lawyer Until You Win

HOW CAN A CHILD DISABILITY LAWYER HELP OUR FAMILY?

The Social Security disability system is complex, with many forms, rules 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 tasks a child disability lawyer will perform on your behalf:

• Review your case thoroughly before recommending the best way to proceed
• Explain the various kinds of Social Security disability benefits and determine which type your child qualifies for
• Answer your questions about various aspects of the program, including what information is needed for your application and what to do in case of a denial
• Make sure your application is filled out correctly and submitted in accordance with SSA deadlines and filing requirements
• Help you obtain the necessary medical records and supporting documentation so your claim will have the best chance of approval
• File a timely appeal (if your claim is denied) that includes missing or additional information that reinforces your case
• Contact your child’s doctors to obtain letters and other supporting materials, including expert witness testimony
• Represent your family at an appeals hearing before an administrative law judge
• Represent you in federal district court if your case proceeds beyond the hearing level

HOW MUCH DOES IT COST TO HIRE A CHILD DISABILITY LAWYER?

Personal injury lawyers, including those who handle Social Security claims, work on a contingency basis. This means they collect their fee only after your case is won, regardless of how long that takes. Clients do not have to pay up-front fees or retainers.

That’s the Bernstein No Fee Guarantee®!

Recommended reading: What To Know About Social Security Disability in Michigan 

WHICH DISABILITIES QUALIFY MY CHILD TO RECEIVE BENEFITS?

There are three basic ways to qualify for disability benefits. However, exceptions are sometimes allowed for individuals who do not meet the stated criteria. An experienced child disability lawyer knows how to navigate the complicated SSA system so you and your family receive the benefits you deserve.

1. Child has a qualifying impairment

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.

2. Child has a condition to a qualifying impairment

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.

CAN A CHILD WITH MENTAL/EMOTIONAL IMPAIRMENTS QUALIFY FOR DISABILITY BENEFITS?

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 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:

• Attention Deficit Hyperactivity Disorder (ADHD)
• Anxiety and/or depression
• Autism or Asperger’s Syndrome
• Cognitive impairment
• Certain learning disabilities
• Serious eating disorders
• Down Syndrome
• Auditory processing disorders

DO SOCIAL SECURITY DISABILITY BENEFITS INCLUDE MEDICAL CARE FOR MY CHILD?

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: http://www.michigan.gov/medicaid.

WHAT HAPPENS AFTER MY CHILD TURNS 18?

A person who qualifies 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:

• Is over the age of 18
• Is unmarried
• Has a disability that began before age 22 that has lasted or is expected to last at least 12 months or result in death
• Has at least one parent, adoptive parent, or stepparent (or grandparent or step-grandparent if no parents are living) who receives Social Security benefits or is deceased but was eligible for benefits at the time of death
• Is unable to perform substantial work due to the disability or treatment

CALL OUR EXPERIENCED SOCIAL SECURITY LAWYERS TODAY

Whether you are applying for Social Security disability benefits for the first time or your initial claim has been denied, we can help.

“The laws governing Social Security Disability benefits are incredibly complex, and it is often the case that legally eligible people are denied for no apparent reason,” said Mark Bernstein of The Sam Bernstein Law Firm. “Our experienced Social Security lawyers understand the system and will help you receive the benefits you and your family deserve.”

The law is complicated, but finding the right Social Security lawyer is simple.

Call 1-800-CALLSAM today for a free, no-obligation consultation with a member of our knowledgeable legal team.