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Are Children with Disabilities Entitled to Social Security Disability Benefits?

Written by Ankin Law Office

Children with disabilities may be entitled to Social Security disability benefits in certain circumstances.  Section 1614(a)(3)(A) of the Social Security Act authorizes the payment of supplemental security income (SSI) benefits to children who suffer from impairments of “comparable severity” to impairments that would render adults (workers) disabled.Under the SSI program, monthly payments are available to individuals with income and assets that fall below certain thresholds. If a child is under 18, he or she may qualify for SSI benefits if his or her income falls below the eligibility requirements. In assessing a child’s income and assets, however, the Social Security Administration (SSA) will also look at the income and assets of other family members living in the same household as the disabled child.

According to the SSA, a child must meet all of the following requirements to be considered disabled and eligible for SSI:

  • The child must not be working and earning more than $1,040 a month in 2013. (Note that the earnings amount typically changes each year.)
  • The child must have a physical or mental condition, or a combination of conditions, that results in“marked and severe functional limitations.” In other words, the child’s medical condition must very seriously limit his or her activities.
  • The child’s condition(s) must have been disabling, or be expected to be disabling, for at least 12 months; or must be expected to result in death.

When a disabled child turns 18, the disabled child must reapply for social security disability benefits, and the types and amount of social security benefits for which he or she is eligible may change.  The Chicago social security disability benefits attorneys at Ankin Law Offices, LLC have considerable experience helping parents of disabled children apply for and obtain the social security benefits to which they are entitled.  We understand how confusing and overwhelming the social security disability process can be and we will guide your through the entire process – from reapplication and claims processing to preparing for an appeals hearing and obtaining family support benefits.

Obtaining SSI benefits can take several months. Some medical conditions, however, allow an applicant to receive benefits immediately. Some of these qualifying conditions include:

  • HIV infection;
  • Total blindness;
  • Total deafness;
  • Cerebral palsy;
  • Down syndrome;
  • Muscular dystrophy;
  • Severe intellectual disorder (child age 7 or older); and
  • Birth weight below 2 pounds,10 ounces.

Claims for SSI benefits for children can be difficult to pursue. As such, it can be incredibly helpful to consult with a disability attorney who is familiar with the SSI application process. At Ankin Law Office, our Chicago SSI disability lawyers are committed to helping persons with disabilities, including disabled children and their families, obtain the full disability benefits to which they are entitled. Contact our office at (312) 600-0000 to schedule a free consultation to learn more about obtaining SSI benefits for your children under section 1614(a)(3)(c) of the Social Security Act.

Categories: Social Security