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Q & A: What is required for a child to qualify for benefits?

Last week I started a Q & A series designed to cover some more elusive topics related to Social Security Disability claims. In part 2 of this series, which follows, I briefly discuss the requirements that have to be met in order for children to qualify for Social Security Disability.

Question:

What are the requirements for a disabled child to qualify for Social Security disability Child SSIbenefits?

My answer:

As with adults, there are two Social Security disability programs available to disabled children: SSI and SSDI. They differ according to the child’s age.

Program #1: SSI (Supplemental Security Income)

Under the Supplemental Security Income (SSI) program, a child from birth to age 18 may receive monthly payments based on disability or blindness if he/she meets the following two requirements:

  • He/She has an impairment or combination of impairments that meets the SSA’s definition of disability which is defined as a “medically determinable physical or mental impairment or combination of impairments that causes marked or severe functional limitations and that can be expected to cause death or that has lasted or can be expected to last for a continuous period of not less than twelve months.”
  • The income and resources of the parents and the disabled child are within the allowed limits.

Program #2: SSDI (Social Security Disability Insurance)

Under the Social Security Disability Insurance (SSDI) program, an adult child, which is understood as a person age 18 or older, may receive monthly benefits based on disability or blindness if he/she meets the requirements stated below:

  • He or she has an impairment or combination of impairments that meets the definition of disability as stated above;
  • The disability began before age 22; and
  • The adult child’s parent worked long enough to be insured under Social Security and is receiving retirement or disability benefits or is deceased.

It is important to note that a common thread to both of these programs is that the child at issue must not be doing any substantial work.

How Do You Evaluate Whether Your Child’s SSI Case is Viable?

I recently received the following email from a reader of this blog:

I am just wondering if I am wasting my time, my son has been diagnosed adhd for about 4 years now, I think its more but we havent gotten there yet. He is in regular classes but is also in resource at school, he also had to be held back a grade due to his problems the first year being diagnosed. Would he possibly qualify at all for disability benefits.

Jonathan Ginsberg’s response: In order to win a child disability case, you will need to show that your child meets a Listing.  The Listings for children are different than the Listings for adults.  You can review the childhood disability listings by clicking on the link.

The Listing for ADHD may be found at Listing 112.00 Mental Disorders-Childhood.   I can tell you from experience that you will have an uphill battle with an ADHD claim.  There are a lot of parents out there who are filing disability claims on behalf of children and basing their claims on ADD or ADHD.  That is not to say that ADD or ADHD is not real or that it is not debilitating for your child.   I just want you to know that judges and medical experts called at hearings will be skeptical.

I would not recommend pursuing an ADHD claim on your own – you will be benefit greatly by consulting with an experienced disability lawyer.  Best of luck to you.

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