Supplemental Security Income (SSI) is perhaps the most common income benefit for kids with special needs. The amount of the benefit is based solely on formula that involves the amount of people in a family and the family’s income.

A child must be considered “disabled” in order to qualify for SSI benefits. According to the SSI definition, a child is considered disabled if her conditions results in “marked or severe functional limitations” for at least 12 consecutive months.

Children who meet certain qualifications may qualify for a different—and usually more generous—benefit called Childhood Disability Benefits (CDB). In order to qualify for these benefits, the child must be at least 18 years of age, and must have been disabled before the age of 22 and remain disabled until their parents retire, become disabled, or die. Children whose parents are receiving SSDI or SSRI may also qualify. A child receiving SSI and Medicaid at the time he qualifies for CDB will still be eligible for Medicaid, assuming the Medicaid asset limit isn’t reached.

Social Security benefits vary from state to state, and are so confusing that there are organizations designed specifically to help you. One of those organizations is the National Organization of Social Security Claimants’ Representative. For more information on this organization, visit their website at www.nosscr.org. Attorneys who specialize in matters related to Social Security benefits can also help. If you are having trouble figuring out which Social Security benefits your child qualifies for, or would like help navigating the applications process, contact us for more information. General information can also be accessed at the U.S. Social Security Association website, http://www.ssa.gov/.

Appeals

Children who are denied SSI or SSDI coverage can appeal within 60 days of denial. The request for appeal must be made in writing. There are four levels of appeal: reconsideration, hearing by an administrative law judge, Appeals Council review, and federal court.

Because an understanding of how the system works is necessary for a successful SSI or SSDI appeal, parents with the most success have legal representation. If you would like to appeal an SSI or SSDI denial, contact us for information on how we can help.