Raising a child who has a disability is overwhelming for almost any caregiver. When you add managing a Social Security Disability (SSD) claim to the list of responsibilities when caring for a disabled person, caregivers can experience a wide array of emotions. Understanding the SSD process and knowing what to expect can help ease some of that stress. Here’s a comprehensive guide to navigating the complexities of a child’s disability claim.
UNDERSTANDING SOCIAL SECURITY DISABILITY FOR CHILDREN
The Social Security Administration (SSA) provides benefits to children with disabilities through two main programs: Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). SSI is generally for low-income families, while SSDI is for families where the parent has paid into Social Security.
ELIGIBILITY CRITERIA
To qualify for benefits, a child must meet specific criteria:
Medical Criteria: The child must have a medical condition that significantly limits their ability to perform basic daily activities. The SSA uses a “functional equivalence” standard, evaluating how the child’s condition affects their functioning in various areas like learning, social interactions, and self-care.
For SSI, the family’s income and resources must fall below a certain threshold. The SSA will consider parental income and resources when determining eligibility.
Applying for a Child’s Social Security
- Gather Necessary Documentation. Before applying, collect essential documents, including medical records detailing the child’s condition. If applicable, document any treatments or therapies received, school records, and Individualized Education Programs (IEPs). Also, collect family financial information, including tax returns and pay stubs.
- Complete the Application. You can apply online, by phone, or in person at your local Social Security office. The application will require information about the child’s medical condition, treatments, and family financial status.
- Provide Detailed Information. Be as detailed as possible when describing the child’s condition and how it impacts their daily life. Include specific examples of how their disability affects their ability to learn, interact socially, and perform basic tasks.
WHAT TO EXPECT AFTER APPLYING
After submission, the SSA will review the application, which can take several months. During this time, they may contact you for additional information or to schedule a medical evaluation.
THE DECISION PROCESS
Approval: If approved, benefits typically begin the month after the application is filed. You’ll receive a letter detailing the amount of the benefits.
Denial: If denied, don’t lose hope! Many initial claims are rejected. You can appeal the decision, and your attorney will guide you through this process.
THE APPEALS PROCESS
If your claim is denied, you may consider the following steps in applying for a reconsideration:
- Request a Reconsideration: This is the first level of appeal, where another reviewer looks at the original claim.
- Hearing by an Administrative Law Judge (ALJ): If reconsideration is denied, you can request a hearing. Here, you’ll have the chance to present your case in person.
- Review by the Appeals Council: If the ALJ denies your claim, you can ask the Appeals Council to review it.
- Federal Court: As a last resort, you can file a lawsuit in federal court.
TIPS FOR A SUCCESSFUL CLAIM
- Be Thorough and Accurate: Ensure all forms are filled out completely and accurately. Incomplete applications can lead to delays or denials. Again, your attorney will advise and lead you through this.
- Stay Organized: Keep copies of all documents and correspondence. This will help in case you need to appeal or provide additional information.
SUPPORT RESOURCES
Navigating the disability claim process can be challenging, but you’re not alone. Many organizations offer resources and support, including:
- Disability Rights Network: This network offers information on rights and resources for children with disabilities.
- Local Support Groups: Connecting with other parents can provide emotional support and valuable insights.
YOUR CHILD’S Social Security DISABILITY CASE NEEDS A DISABILITY ATTORNEY
Filing for Social Security Disability can be a confusing, tedious, long, drawn-out process. Factor in that the claimant is a disabled child, and that adds another level of possible complications to the process. Letting an attorney lead and guide you through the process is one of the smartest things you can do. With Parmele Law Firm, your initial consultation is free of cost, so contact us today to schedule this appointment. Together, we will discuss your situation and decide the next best steps.
Parmele Law Firm. Guiding you with integrity, consistency, and experience.