Social Security Disability for Children

Children with a disability can receive Supplemental Security Income or Social Security Child Disability benefits.  Children can receive Social Security Disability Insurance (SSDI) benefits under certain circumstances. Regardless of whether a child receives SSI or Social Security Disability the medical requirements are the same.  The procedure for applying for Social Security disability is the same as the procedure for adults.

Medical Requirements

In order to for a child to be considered disabled, the folliwng criterias must be met:

• The child must not be working and earning more than $980 a month in 2009.  (This earnings amount changes every year.) If he or she is working and earning that much money, Social Security will find the child is not eligible for social security disability benefits.
• The child must have a physical or mental condition, or a combination of conditions, that result in “marked and severe functional limitations.” This means that the condition(s) must very seriously limit the child’s activities.
• The child’s condition(s) must have lasted, or be expected to last, at least 12 months; or must be expected to result in death.
• If the child’s condition(s) results in “marked and severe functional limitations” for at least 12 continuous months, Social Security will find that the child is eligible for social security disability.  However, if it does not result in those limitations, or does not last for at least 12 months, Social Security will find that the child is not eligible child social security disability benefits.

There is a Listing of Impairments for children a child whose condition meets or equals the Listing of impairment will be found to be eligible for child Social Security Disability by a matter of law.

Supplemental Security Income

A child who meets the medical requirements for child Social Security Disability will also have to meet the income guidelines in the SSI program.  Income and resources of the parents and other family members will also be considered when determining whether the child meets the income limitations. If a child does not qualify for SSI because of family resources before they reach age 18 they may qualify after they reach 18 without considering family resources.

Social Security Disability Insurance

A child can receive Social Security Disability benefits because of disability if the parent (and in some cases grandparent) of the child is receiving retirement, disability or survivor’s benefits if the child is or becomes disabled before the age of 18.  The child does not have to have worked to receive these benefits.

Do you need a Lawyer?

You do have the right to have representation concerning any aspect of child social security disability.  Your representative can be an attorney or other qualified person.  Legal representation is advisable when dealing with the technical nature of child Social Security Disability claims or issues involving eligibility.  Social Security will pay fees to this person if you have a fee agreement or a fee petition is filed.  Social Security will not pay more than 25% of past due benefits or $6,000 whichever is less.

A child can be eligible for SSI or child Social Security Disability benefits.  The medical requirements for both programs are the same.  There is a special listing of impairments for children. This is a complicated legal area.  Good legal representation is necessary for a positive result.