Children can received SSA disability benefits under two methods: regular supplemental security income (SSI), or a disabled adult children (DAC) case. Today, the requirements for children’s SSI benefits.
Children and SSI
A child can qualify to receive social security disability benefits if they are under the age of 18 (or 18-19 and full time student), have a qualifying medical condition imposing severe limitations, and meet the income requirements. The medical condition must impose “marked and severe functional limitations.” Read more about meeting the severity standard here. Essentially, the SSA will look at a child’s functionality as compared to non-impaired child of the same or similar age.
The income requirement is based on the parent(s) income. The maximum amount of monthly income allowed depends on the number of non-impaired children living in the house. For example, if there are no children in the house, other than the disabled child, a two-parent household cannot earn more than $3,731 per month in order for the child to receive SSI benefits. The amount allowed per month increases with the number of non-impaired children living in the household.
The benefits will usually cease at age 18.
What To Know
- The process takes time! An application for disability benefits could take up to 6 months after filing before receiving an initial decision on the case.
- Much of the correspondence with the social security administration is done through mail and over the phone. It is necessary when applying for benefits to update the social security administration with an updated mailing address and correct phone number. Interviews and consultative examinations may be conducted in person and it is important that the SSA be able to contact you.
- If for any reason, the case for Social Security benefits is denied at the initial level, you have 60 days to appeal the decision and file a request for hearing.
- It is very important that you continue to seek medical treatment during the waiting period for a hearing to be set.
- The time between filing the request for hearing and actual hearing can be more than 12 months.
What To Expect
After submitting an application for social security benefits for a disabled child, the case will require medical, school, and employment history information. The social security administration will typically request the names, addresses and phone numbers of doctors and medical facilities as well as prescription medications and specialist treatment. They may ask to see academic transcripts, IEP’s and proof pf household income for the child and family members living in the same household.
Other Requirements:
- The child must not be currently employed and making more than $1,130 per month.
- A review of child’s medical condition will be conducted every three years to verify that the disability continues to comply with SSA’s regulations if the individual is under 18 years old.
- When the child turns 18 the child is then considered an adult under SSA rules and are then subject to the different medical and non-medical qualifications for disability. At this time the individual’s social security case will be placed under review.
- If a child is not eligible for SSI benefits under the age of 18 due to household income requirements, they may qualify after they turn 18.
Attorney representation in the initial stage of the disability process is important. Attention to detail and knowledge of the rules is paramount because of the tremendously long processing times. Representation can relieve some of the pressure from an already overburdened parent. For other questions contact Vinerlaw.com or SSA.gov.
3/23/16