The responsibilities of a Social Security payee have come up a lot in the comments recently:
I don’t live with my parents for 3 years but they get my disability check. They don’t give me any or pay any to the place I live.
What if parent is receiving benefits for a child not living with her and keeping the money for herself.
Social Security has good information about payee responsibilities, written in nice clear language. Concerning how a parent can use a child’s Social Security (survivor’s or disability) benefits: Continue reading Parent misusing child’s Social Security benefits?
My Colorado law office handled a number of Social Security disability benefits for children. Often parents have a 504 plan or an IEP (Individualized Education Program) from the school.
But is a 504 plan or IEP enough to win Social Security disability benefits for a child? If not, what else do you need? Continue reading Is a 504 plan or IEP enough to win Social Security children’s benefits
Many people ask me about whether their children will qualify for Social Security benefits based on medical conditions early in their lives:
We have two adopted children that we have had since birth. One is now 14, but was born at 26 weeks weighing 1lb 14 ou. The other is now 12 but was born at 32 weeks at 3lbs 5oz.
Are they eligible for Social Security benefits now?
Continue reading Children’s Social Security Disability Cases and Early Impairments
Disabled children can apply for Social Security benefits under the Title 16 children’s Supplemental Security Income (child SSI) program. Children’s cases are considered differently than adult disability claims. However, after a child turns 18, Social Security applies the adult standard to decide disability. Note: children between 18 and 22 may be eligible for Disabled Adult Child benefits based on their parents’ contribution to Social Security.
What happens if a child turns 18 before Social Security decides if the child is disabled?
Continue reading Child SSI cases after 18th birthday
Disabled children under age 18 can receive Social Security disability benefits under the Supplemental Security Income (SSI) program, or “Child’s SSI.” In order to qualify for children’s disability benefits, Social Security requires that the child:
- Is not working at a job that Social Security considers to be substantial work; and
- Has a physical or mental condition (or a combination of conditions) that results in “marked and severe functional limitations.” This means that the condition(s) very seriously limits his or her activities; and
- The condition(s) has lasted, or is expected to last, at least 1 year or is expected to result in death.
Note: some conditions result in presumptive disability decision. If your child has one of these condition, he or she may be able to be instantly approved.
However, the majority of children’s disability cases focuses on the second part, the requirement of that a condition produces “marked and severe functional limitation.” There are several ways of doing this: Continue reading Social Security Disability Benefits for Children
I was recently asked if Social Security child’s benefits continue for a full-time student who is 18 or over.
Here is the answer in a directly from Social Security:
No. At one time, SSA did pay benefits to eligible college students, but the law changed in 1981. Benefits stop when a child reaches age 18 unless he or she:
- Is disabled; or
- Attends a secondary (grade 12 or below) or elementary school full-time.
In general, benefits end when:
- The student graduates [high school]; or
- The student turns age 19 and two months, whichever is first.
Normally, benefits stop when a child reaches age 18 unless he or she is disabled. However, if the child is still a full-time student at a secondary (or elementary) school at age 18, benefits generally can continue until he or she graduates or until two months after he or she reaches age 19, whichever is first.
Here are the applicable regulations: Continue reading Can a 18 year old full time student still get Social Security child’s benefits?
Social Security may approve Supplemental Security Income (SSI) benefits to children with a low birth weight (regardless or whether the child is premature).
According to the Social Security regulations, these cases are often reviewed by the child’s first birthday.
When we will conduct a continuing disability review. … we will start a continuing disability review …
By your first birthday, if you are a child whose low birth weight was a contributing factor material to our determination that you were disabled; i.e., whether we would have found you disabled if we had not considered your low birth weight. However, we will conduct your continuing disability review later if at the time of our initial determination that you were disabled.
That last sentence from 20 CFR 416.990 is a bit unclear. While not legally binding on Social Security, the publication Benefits For Children With Disabilities provides a better explanation.
By age 1 for babies who are getting SSI payments because of their low birth weight, unless we determine their medical condition is not expected to improve by their first birthday and we schedule the review for a later date.
In other words, unless Social does not expect improvement, a low birth weight baby approved for Social Security SSI benefits will usually have his or her case reviewed by age 1.
If you have a child or grandchild with a disability, you may be thinking about applying for Social Security disability benefits for the child. The most common type of children’s disability benefits is Supplemental Security Income (SSI).
However, proving disability in only half of a SSI case. All SSI cases have two parts: Continue reading Parent’s income and children’s Supplemental Security Income (SSI)
I was asked to address some of the issues parents should consider when deciding whether to start an application for Social Security disability benefits (typically children’s Supplemental Security Income – SSI – benefits) for their disabled child.
Many parents worry that if their child receives Social Security disability benefits, they will be labeled as “disabled,” and carry that for the rest of their lives. Even beyond being on disability, the child may be diagnosed with a socially stigmatizing condition such as mental retardation.
I want my child to have a normal life. I want my child to overcome this. Will being “disabled” make my child stop trying?
Continue reading Children’s disability and self esteem – should you apply for your child?
Social Security has a fact sheet answering common questions about Supplemental Security Income (SSI) benefits for disabled children:
- How does Social Security decide if a child is disabled?
- How can I get ready for the disability interview?
- How does Social Security decide if a child can get SSI?
- How will I know what Social Security has decided?
- Will my personal information be kept safe?
- What if I am more comfortable speaking in a language other than English?
The fact sheet also has information about: Continue reading Applying for children’s SSI disability benefits