Pursuant to the Social Security Regulations, parents or guardians can claim and receive SSI benefits for Children. The availability of those benefits depends on the mental or physical condition of the child and the financial situation of the parent or guardian.
When an adult seeks SSD or SSI benefits, the question is whether that adult is capable of working, but that is not the test of disability when a child is involved. The child can be entitled to benefits if he/she meets a Listing or has marked or severe deficits in two “domains.” There are hundreds of Listings, both physical and mental, and they are the same for children as for adults. For example: severe mental retardation, seizure disorders, extremely poor vision, heart problems, etc.
The domains are as follows:
Acquiring and Utilizing Information
Attending and Completing Tasks
Interacting and Relating to Others
Moving About and Manipulating Objects
Caring for Self
Health and Physical Well Being
If for instance, the child is very far behind in school because of mental or emotional problems, retardation, etc., it can usually be proved that that child has a limitation in “acquiring and utilizing information.” Very often, that child also has a deficit with regard to “attending and completing tasks.” If there are emotional problems, the child may have difficulty “interacting and relating to others.” Children with severe physical limitations may have trouble “moving about and manipulating objects” and have a deficit in “health and physical well being.”
If a child has an extreme deficit in one of these domains, the child qualifies for benefits. More often the child will have somewhat less difficulty in two domains and will be determined to have marked deficits in two other domains, and that also qualifies the child for benefits. If the child qualifies for benefits, the court looks to see what resources are available to the child (i.e., the court looks to see what income the parent(s) or guardian of the child has). That income is analyzed in terms of the number of dependents in the household as well. If the child is awarded SSI benefits, the amount received by the parent or other caregiver on behalf of the child is often more than $600 per month and is adjusted annually to account for inflation.
Periodically, we see children who qualify medically, but who are not entitled to benefits because of the financial resources available to the parent(s), but most of the time if the child qualifies, either by meeting a listing or having deficits in the domains, they are not disqualified because of the financial situation of the caregivers.
We handle a substantial number of children’s cases, and there are other attorneys who handle social security claims, but refer children’s cases to us.
If you believe you may have a claim on behalf of a child, call me and I can help you decide whether it makes sense to pursue the claim. In addition, we have a packet that we can send which tells you how to apply for benefits for the child and a questionnaire that teachers sometimes fill out that does an excellent job listing the various domains and what it takes to show that there are deficits in each of the domains. There is no charge for an office consultation.
If you have questions, we have answers. Call (810) 252-9185.
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