Can my child get Social Security Disability Payments?

Yes, if your child is found disabled under Social Security’s rules and either:

1) Your child has a living parent who is receiving either Social Security Retirement Benefits or Social Security Disability Insurance Benefits,

OR

2) Your child has a deceased parent.

Can my child get Supplemental Security Income?

Yes, if your child is found disabled under Social Security’s rules prior to age 22. If their disability started after age 22 (age 22 and 1 day), they must file for adult benefits.

In other words, if your child is now 25 but they have been disabled since age 21, they should file for child’s disability benefits.

If your child is now 25 but disabled since after age 22 years, 6 months, they would file for adult benefits.

How long will my child get benefits?

If your child receives SSDI benefits on a parent’s record, they will be eligible for benefits until age 18.

If your child receives SSI benefits, those benefits can continue indefinitely, as long as your child is disabled. Social Security will commonly perform reviews every 3-5 years to make sure a child who receives SSI is still entitled to benefits.

What does my child have to have in order to get disability benefits?

Your child can be found automatically disabled if they have one of the following conditions (among others):

  • HIV infection;
  • Total blindness;
  • Total deafness;
  • Cerebral palsy;
  • Down syndrome;
  • Muscular dystrophy;
  • Severe mental retardation (child age 7 or older); and
  • Birth weight below 2 pounds, 10 ounces.

If your child does not have any of those conditions, your child must have a disability which causes “marked and severe limitations” which have continued for 12 months or more, or that will result in death.

“Marked and severe limitations” are serious limitations which interfere with your child’s life and function.

If you believe that your child is eligible for disability benefits and have been denied by Social Security, please call Coltrane & Nye for a free consultation.

 

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