Can children qualify for Social Security Disability? Yes. However, the claims process can involve many complexities, and you have a higher chance of approval with the help of an experienced disability lawyer. If you need to qualify your child for Social Security disability, consult an attorney before attempting the claims process alone. They have a deep understanding and experience navigating the Social Security disability system and may be key in qualifying your child.
Supplemental Security Income (SSI) for Children
Children under 18 qualify for supplemental security income (SSI) if they meet the Social Security Administration’s (SSA) definition of disability for children and have limited income and resources in the home. The SSA defines disability as a physical or mental condition that very seriously limits children’s activities. The condition must have lasted or be expected to last one year or result in death.
Children under the age of 22 who are students who regularly attend school (as determined by Social Security) may also qualify. Eligibility is dependent on a child being blind or disabled. No minimum age requirement exists, and children may be eligible for SSI disability benefits as early as birth.
Social Security Disability Insurance (SSDI) for Children
The Social Security Disability Insurance (SSDI) program pays disability benefits to adults who have a disability that began before they turned 22. It’s a child’s benefit because it is paid on their parent’s Social Security earnings record. To be entitled to this child’s benefit, one of their parents must be actively receiving Social Security disability or retirement benefits or have died and had worked to earn enough for Social Security benefits eligibility.
Conditions That Can Qualify Children for Social Security Disability
The state agency can take six to eight months to decide whether your child meets the SSA’s disability criteria. However, if adequately documented, the SSA may expedite some medical conditions to start receiving payments immediately. Some of these conditions include:
Another medical condition that may solicit payments immediately is when the birth weight is below 2 pounds, 10 ounces. The SSA evaluates low birth weight in infants from birth to age one—and a failure to thrive in infants and toddlers from birth to age three. If your child has one of these conditions, schedule a free case evaluation with a Social Security lawyer to determine a strategy to expedite your claim.
How a Lawyer Helps Children Qualify for Social Security Disability
The SSA consistently denies disability claims, averaging 67 percent on their first attempts. Even people with disabilities that are apparent qualifiers may have difficulty navigating the SSA claims process. Having an attorney can help children qualify for Social Security disability by explaining benefits, handling paperwork, reviewing medical evidence, communicating with the SSA, advocating for your child at hearings,
Explaining Benefits
A child disability attorney will explain the various types of Social Security disability benefits and determine which types may qualify your child. Once your attorney identifies the qualifier, you can work with them to ensure proper documentation. They know which records the SSA needs to see based on your child’s age and condition and will ensure their submission.
Handling Paperwork
The paperwork can be confusing and requires accuracy and precision in completion. Disability lawyers know those forms like the back of their hands and know exactly how to complete them for optimal outcomes. They will ensure accurate information and proper completion and filing of all paperwork associated with your child’s disability claim.
Reviewing Medical Evidence
Your child’s medical evidence is central to whether or not their disability claim is approved. An attorney will thoroughly analyze medical records with medical experts, identifying areas or gaps where further documentation is necessary to demonstrate their disability adequately.
Case Preparation
An experienced Social Security lawyer preparing your case should provide peace of mind. They are highly knowledgeable about the SSA’s claims process and have considerable experience navigating claims to qualify children for Social Security disability.
Additionally, they will prepare you for hearings, especially if you require a hearing with an Administrative Law Judge (ALJ). Knowing what to say at hearings without the help of an attorney may be overwhelming and result in an unprepared tangent that doesn’t help your case. Your attorney can help coach you on what to say and how to say it when it comes.
Communicating on Your Child’s Behalf With the SSA
Another significant benefit of hiring a child disability lawyer is that they will communicate with the SSA on your and your child’s behalf. This service helps maintain frequent and prompt communications between both parties to get your child approved for disability within a reasonable timeframe. It also ensures no misunderstandings on your part due to government or legal jargon that most individuals generally have no reason to comprehend.
Increased Success Rate for Disability Approval
Recent studies regarding Social Security approval rates determined that claimants with disability attorneys representing their claims saw approval for benefits three times higher than those without legal representation. That is a drastic difference in obtaining optimal results.
It makes retaining an attorney a no-brainer and with contingent fee arrangements within everyone’s reach. Contingency stipulates no upfront or out-of-pocket expenses; your lawyer only gets paid if you do. That highly incentivizes them to ensure claim approval.
Advocating for Your Child at Hearings
Your attorney will file any necessary appeals and advocate for your child at appeal hearings. Having legal counsel to represent your family at administrative hearings helps present evidence and arguments that persuade a judge to approve your child’s Social Security disability.
Schedule Your Free Case Evaluation Today
Skip the denial letter and start your child’s disability claim process with an experienced Social Security disability attorney. If you’ve already filed and received a denial letter, a lawyer can help strategize your appeal. Schedule a free case evaluation to get started on securing Social Security disability approval for qualifying children.
