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ISocial
Security Income
http://www.ssa.gov/notices/supplemental-security-income/text-child-ussi.htm
The
information provided in this section is taken directly from the U.S Department
of Health and Human Services, Social Security Administration, SSA Publication
No. 05-10026, January 1993, ICN 455360.
Who is eligible for Social
Security benefits (SSI)?
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Children under 18 years old with a disability who have
limited income and resources, or who come from homes with limited income and
resources.
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Children under 18 years old on the record of a parent
who is collecting retirement or disability benefits from Social Security, or
survivors benefits payable to children under the age of 18 on the record of
a parent who has died.
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Benefits can continue to be paid into adulthood if the
child is disabled prior to age 22.
Social Security Insurance
Benefits for Children with Disabilities
Non-Medical Rules
SSI is a program that pays
monthly benefits to people with low incomes and limited assets who are 65 or
older, blind, or have a disability. Children can qualify if they meet Social
Security’s definition of disability and if their income and assets fall within
the eligibility limits.
As its name implies,
Supplemental Security Income supplements a person’s income up to a certain
level. The level varies from one State to another and can go up every year based
on cost-of-living increases. Check with your local Social Security office to
find out more about the SSI benefit levels in your State.
Rules For Children Under 18
Most children do not have
their own income and do not have many assets. However, when children under age
18 live at home (or are away at school but return home occasionally and are
subject to parental control), we consider the parent’s income and assets when we
decide if the child qualifies. We refer to this process as "deeming" of income
and assets.
Check with your Social
Security office for information about your child’s specific situation and for a
full explanation of the "deeming" process.
Rules for Children 18 and
Older
When a child turns 18, we no
longer consider a parent’s income and assets when we decide if he or she can get
SSI. A child who was not eligible for SSI before his or her 18th
birthday because a parent’s income or assets were too high may become eligible
at 18.
On the other hand, if a
child with a disability who is getting SSI turns 18, continues to live with his
or her parent(s), but does not pay for food or shelter, a lower payment rate may
apply.
How We Decide if a Child is
Disabled for SSI
While your local Social
Security office decides if your child’s income and assets are within the SSI
limits, all documents and evidence pertaining to the disability are sent to a
State office, usually called the Disability Determination Service (DDS). There,
a team comprised of a disability evaluation specialist and a doctor reviews your
child’s case to decide if he or she meets our definition of disability.
If the available records are
not thorough enough for the DDS team to make a decision, you may be asked to
take your child to a special examination that Social Security will pay for. It
is very important that you do this.
Defining "Disability":
To understand how Social
Security evaluates disabilities in children, you must first understand how
Social Security defines disability in general.
To qualify for a Social
Security or SSI disability benefit, a person must have a physical or mental
impairment that is expected to keep him or her from doing an "substantial" work
for at least a year. (Generally, a job that pays $500 or more a month is
considered "substantial" work.) Or a person must have a condition that is
expected to result in his or her death.
Deciding SSI Disability for
Children Under 18
Of course, a child’s
disability cannot be evaluated using these work-related adult criteria. The law
states that a child will be considered disabled if he or she is not working and
has an impairment that is as severe as one that would disable an adult. This
means the condition must limit the child’s ability to function like other
children of the same age to such a degree that the impairment is comparable to
one which would make an adult disabled.
To make this decision, the
disability evaluation specialist first checks to see if the child’s disability
can be found in a specific listing if impairments that is contained in Social
Security’s regulations, or if the condition is equal to an impairment that is on
the list. These listing are descriptions of symptoms, signs, or laboratory
findings of physical and mental problems, such as cerebral palsy, mental
retardation, or muscular dystrophy, that are severe enough to disable a child.
If the symptoms, signs, or laboratory findings of the child’s condition are the
same as, or equal to, the listing, he or she is considered disabled for SSI
purposes.
If the disability cannot be
established using the "listing" criteria, then the disability evaluation team
will assess the child’s ability to function in everyday life. Children are
considered "disabled" for SSI purposes if their impairment substantially reduces
their ability to do the things and behave in the ways that children of similar
age normally do.
A Special Message to
Parents of Children with Severe Disabilities
The disability evaluation
process generally takes several months. But the law includes special provisions
for people (including children) signing up for SSI disability whose condition is
so severe that they are presumed to be disabled. In these cases, SSI benefits
are paid for up to 6 months while the formal disability decision is being made.
(Of course, these payments can only be made if the child meets the other
eligibility factors.)
Following are some of the
disability categories in which we can presume the child is disabled and make
immediate SSI payments:
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HIV
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Blindness
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Deafness (in some cases)
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Cerebral Palsy (in some cases)
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Down Syndrome
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Muscular Dystrophy (in some cases)
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Significant mental deficiency
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Diabetes (with amputation of one foot)
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Amputation of two limbs
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Amputation of leg at the hip
If we make these special
payments and we later decide that the child’s disability is not severe enough to
qualify for SSI, the benefits do not have to be paid back.
Social Security Benefits
for Older Children with Disabilities and for Adults Disabled Since Childhood
Non-Medical Rules
As indicated earlier, a
child under the age of 18, including a child with disability, qualifies for
Social Security benefits simply because he or she is a minor child of a retired,
disabled, or deceased worker. In other words, we don’t consider a child’s
disability when deciding if he or she can get Social Security dependent’s or
survivor’s benefits.
However, when a child who is
getting a dependent’s or survivor’s benefit from Social Security reaches 18,
those benefits generally stop unless one of the following conditions is met:
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The child is a full-time student in an elementary of
high school. In this case, benefits continue until age 19; or
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The child is disabled. In this case benefits can
continue as long as the child remains disabled, even into his or her adult
years.
Many times, an individual
doesn’t become eligible for Social Security until later in life. Here’s an
example: John Jones starts collecting Social Security retirement benefits at the
age of 62. He has a 38 year old son, Ben who has had cerebral palsy since birth.
Ben will start collecting a disabled "child’s" benefit on his father’s Social
Security record.
How We Decide if an "Adult
Child" is Disabled
We will evaluate the
disability of an adult child (age 18 or older) who is applying for Social
Security for the first time, or who is being converted from a Social Security
dependent child’s benefit, by using adult disability criteria. Briefly, to
qualify for disability, an adult must have a physical or mental impairment or
combination of impairment, that is expected to keep him or her from doing
"substantial" work for at least a year or is expect to result in death.
(Generally, a job that pays $500 or more per month is considered substantial.)
The individual’s condition
is compared to a listing of impairments that are considered to be severe enough
to prevent an individual from working for a year or more. If the individual is
not working and has an impairment that meets or is equal to a condition on the
list, then he or she is considered disabled for Social Security purposes.
If we cannot match the
person’s impairment with one of the listings, then we assess his or her ability
to perform the same type of work he or she did in the past (if any). If the
person cannot do that work or does not have any past work history, then we
consider his or ability to do any kind of work he or she is suited for (based on
age, education, and experience). If, considering all these factors, a person is
found to be unable to do any substantial work, then he or she would qualify for
disability benefits from Social Security.
Applying for Social
Security or SSI Benefits…And How To Expedite the Process
You can apply for Social
Security or SSI benefits for your child by calling or visiting your local Social
Security office. You can help expedite the claims process if you have the
child’s Social Security number and birth certificate viable when you apply. If
you’re signing up your child for SSI, you also will need to provide records that
show your income and your assets, as well as those of the child.
The medical evaluation
specialists at the DDS needs thorough and detailed medical records to help them
decide if your child is disabled. When you file, you will be asked to provide
names, addresses, and telephone numbers of all doctors, hospitals, clinics, and
other specialists your child has visited.
In addition, if your child
is under age 18 and applying for SSI, you will be asked to describe how your
child’s disability affects his or ability to function as a child of similar age
normally would. Therefore, we will ask you to provide the names of teachers, day
care providers, and family members who can give us information about how our
child functions in his or her day-to-day activities.
Please be as specific and
thorough as possible when you answer these questions. This means that you should
give us the dates of visits to doctors or hospitals, the account numbers and any
other information that will help us to get your child’s medical records as soon
as possible. If you do not have this information, tell the interviewer as much
as you know. If you have any school records, bring them with you to the
interview.
In many communities, special
arrangements have been made with medical providers, social service agencies, and
schools to help us get the evidence we need to process your child’s claim. Most
DDS’s have Professional Relations Officers who work directly with these
organizations to facilitate this process. However, your additional cooperation
in obtaining records and evidence would be helpful.
Other Health Care Services
If we decide a child is
disabled and eligible for SSI, we refer him or her for health care services
under the Children with Special Health Care Needs (CSHCN) provisions of the
Social Security Act. These programs are generally administered though State
health agencies.
Although there are
differences, most CSHCN programs help provide specialized services through
arrangements with clinics, private offices, hospital-based out-and in-patient
treatment centers, or community agencies.
CSHCN programs are known in
the States by a variety of names, including Children’s Special Health Services,
Children’s Medical Services, and Handicapped Children’s Program. Even if your
child is not eligible for SSI, a CSHCN program may be able to help you. Local
health departments, social services offices, or hospitals should be able to help
you contact your CSHCN program.
Checklist for application
As an aside note from
Michelle, applying for SSI is a tedious process and often your child is denied
the first time around because all the information is not given. So, I have
provided you with a checklist below to help you at the application process. Good
luck and keep trying.
Checklist
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Child’s Social Security Card
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Child’s Birth Certificate
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Records that show your income and assets, as well as those of the child.
Income Tax Statements, Mortgage or Rent cancelled checks,
Utilities cancelled checks
Name, address, and telephone numbers of all doctors,
hospitals, clinics and other specialists your child has visited. It is also
helpful if you have your child’s medical numbers. Give the dates as to when your
child visited these medical professionals or facilities.
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Letter of how your child’s disability affects his or her ability to function
as a child of similar age normally would.
Name of teachers, day care providers and family members who
can give information about how your child functions in his or her day-to-day
activities.
IFSP, IEP, Any record that indicates a disability
How to contact the Social
Security Office
Website:
http://www.ssa.gov
Telephone number:
1-800-772-1213
Visit your local office |