Chicago Children’s Disability Lawyer
If you’re struggling to make ends meet while providing for a child with a disability, you are not alone. Caring for a child with a disability can pull a parent out of the workforce, placing a financial strain on the family unit. Many childhood disabilities require extra medical treatment, medical equipment, therapy programs, and at-home care assistants to help build a successful future for the child. The children’s disability lawyers at Ankin Law will help you obtain medical benefits and monthly payments, so you can focus on providing care for your child.
Contact the Chicago children’s disability lawyers at Ankin Law at (312) 600-0000 to access benefits for your child with special needs.
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How a Children’s Disability Lawyer Can Help Get Benefits for Your Child
A child disability lawyer can help alleviate the stress placed on struggling families by guiding you through the application process, preparing your child’s disability case, and improving your odds of approval. To obtain disability benefits for your child, you must establish eligibility and provide evidence of the disabling condition. A social security disability attorney takes over these tasks so you can focus on caring for your child.
Preparing Your Child’s Disability Case
The disability claims process requires extensive preparation and documentation. Gathering documentation, filing the claim, organizing testing, and ensuring the claim stays on schedule can be overwhelming for parents. A lawyer for children with disabilities can help you identify what type of information you need to submit based on the nature of your child’s disability. Your lawyer will also identify what tests are necessary for the SSA to approve your child’s claim.
Improving Your Odds of Approval
Working with a disability lawyer for children can increase the odds of your child getting approved for benefits. A common reason for disability claim denials is the lack of adequate documentation. Our disability attorneys will help you submit information to the SSA to help them understand your child’s situation.
Representing Your Child at the Disability Hearing
Your Administrative Law Judge hearing is your chance to discuss your child’s disability directly with the decision maker. Your disability attorney will ensure the Judge has your child’s medical records and other documentation necessary to review your claim. In addition to providing legal representation during the hearing, your SSI lawyer will prepare you for the meeting with the Judge.
SSI Benefits May Be Available to Your Child
SSI benefits are available to income-eligible children and their families. Supplemental security income, or SSI, is a federal benefit program for persons with disabilities provided by the Social Security Administration (SSA). The SSA will look at several elements in your child’s case to determine whether he or she qualifies for disability benefits.
Eligibility Requirements for Children’s SSI Benefits
A person is considered a “child” for the purpose of disability benefits when he or she is under the age of 18, or attending school and under the age of 22. For a child to be determined as disabled and eligible for SSI benefits, he or she must meet the following criteria:
- The child must have a diagnosis of a qualifying condition under the SSA’s guidelines. This diagnosis can be for a mental or physical condition, as long as it limits the child’s activities.
- The condition needs to either have lasted at least 12 months, or be projected to last at least 12 months or projected to result in death.
- The household must meet the SSA’s income and asset eligibility requirements.
- The child must reside within the house, or live at school but still return home under the parents’ care.
Qualifying Conditions
Children with a variety of conditions can qualify for SSI benefits. These include:
- Severe intellectual disability (ages 4+)
- Total blindness or deafness
- Growth impairments
- Cerebral Palsy
- Down’s Syndrome
- Chronic diseases
In addition to the above conditions, children may also qualify for benefits if they suffer from amputation, burns, spinal disorders, HIV, cancer, or have received a heart transplant.
What Parents Should Know About Applying for SSI Benefits for Children
While a social security disability lawyer for a child will help prepare your case, there are still several elements parents should be aware of when applying for social security disability benefits.
Documents You Will Need to Provide
For a child disability application, you will need to gather documents such as the applicant’s birth certificate or adoption documents, proof of citizenship or lawful alien status (if born outside the U.S.), applicable w-2 forms or tax return information for the household, and medical documents.
Deeming Parental Income
If a child lives at home with parents who do not currently receive SSI benefits, the SSA may consider the parent’s income and resources as available to the child. This income consideration, referred to as “deeming,” also extends to stepparents and adoptive parents. During the deeming process, deductions are subtracted from parental income and the adjusted amount is considered against the income requirements for monthly benefits.
Resource Limits for Parents Applying for SSI
For the purpose of determining SSI benefits, resources are things that the parents own, such as stocks, investments, land, bank accounts, and other items that could be changed to cash for food and shelter. When a child lives with his or her parents, only a portion of the resources are considered. Some resources that do not count in the deeming process include the home in which the parent/child lives, one vehicle used for household transportation, personal effects, business property, and burial funds.
Your Child May Qualify for Additional Disability Benefits
Your child may qualify for benefits in addition to the monthly payments provided under SSI.
Medicaid
Medicaid is a program that provides healthcare for people with limited income and resources. In many cases, a person who is receiving SSI benefits will automatically qualify for Medicaid.
Children’s Health Insurance Program
The children’s health insurance program provides healthcare to parents who fall “in between” on the income scale. Families who earn too much to qualify for medicaid, but not enough to afford independent healthcare, can get assistance through this program.
Employment Support Programs
Under SSI rules, children, or those under 22 and attending school, are alleviated from considering most of their income and assets when determining eligibility for benefits. Additionally, your child’s saved income and resources, as well as money spent on items or assistance to make work accessible, do not count.
SSDI Disabled Adult Child Benefits
SSDI, or Social Security Disability Insurance, pays benefits to adults who sustained a disability prior to the age of 22. Children with a disability who receive benefits on a parent’s social security earnings record may continue to qualify for these benefits, referred to as SSDI (DAC), after the age of 18 for as long as they have a disability.
Car accidents frequently cause amputations. When a victim loses a limb in a crash, he or she can recover damages to compensate him or her for the newly-acquired disability.
Not all car accident injuries are physical. Victims can recover damages to compensate them when they sustain emotional injuries. Emotional injuries that typically arise from car accidents include PTSD, anxiety, depression, loss of enjoyment of life, and pain and suffering.
Frequently Asked Questions About Children’s Disability Benefits
What can I use my child’s disability benefits for?
SSI benefits can be used to cover the costs of the child’s basic needs. This includes a child’s “share” of household costs, such as utilities, food, rent, or a mortgage. It also includes clothing, school supplies, and any necessary medical treatment or equipment.
Who qualifies for children’s disability benefits?
Children qualify for SSI benefits when they are diagnosed with a qualifying condition that significantly limits their activities and persists or is expected to persist for at least 12 months. If a condition is expected to result in death, it qualifies as well.
How much does SSI give per child?
A child’s monthly disability benefit amount depends on his or her degree of disability and the income and assets of his or her parents. On average, a disability payment runs $655 per month.
What Our Clients Say About Us
From start to finish Ankin Law Firm immediately made me feel like an old friend was there for me. I don’t remember the name of the kind gentleman that originally came out, but he showed genuine concern and because I couldn’t drive, he came to me in horrible weather. Attorney Rudolfi and Cassie ALWAYS immediately responded to my many many questions. And NEVER made me feel as if I was a burden or just another case. I hope to NEVER need these services again, but I’m glad that I got to meet (although never personally, Covid) them.
