Children are not able to collect Social Security Disability benefits since that program is based on eligibility through work activity. However, there is another program offered through the Social Security Administration that children can qualify for. SSI disability, offers disability benefits to children. This is a need based disability program that is available to those who have never worked or haven’t worked enough.
With children, the parent’s income and assets will be used to determine eligibility. So, determination is based on the child’s medical disability and the parent’s income. If these conditions are met, the child may qualify. The process of applying, for a child, is very similar to that of an adult. The child must have a severe medically verifiable mental or physical condition to qualify.
After applying, the applications are sent to a state disability examiner, who gathers all records for the child. These would include school records, medical records, and any others available. Then, parental and third party functional questionnaires will also be used to help assess the child’s limitations.
All functional limitations must be supported by doctors, hospitals, school counselors, mental health professionals, etc. If it is decided that child’s condition causes significant restrictions, they may be deemed eligible for benefits.
In the event that benefits are denied, the same appeal process that is used for adults is used. When a child is denied at the disability hearing, their claim can be sent to the Appeals Council so an administrative law judge can review it. Contacting an experienced Los Angeles social security lawyer is highly recommended.
Call Tony Adderley Law Office in the Los Angeles area for help with your child’s Social Security case. If you plan to file or have already been denied, Mr. Adderley can help. Call (310) 526-8292 today.