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Does Your Child Qualify For Social Security Disability?

If your child is disabled, they may be qualified to receive benefits from the Social Security Administration. The process can be somewhat confusing, but if you family meets the income and property limits and your child's condition meets the requirements, your child could receive payments each month until they are 18. For information on how your child might qualify for Social Security Supplement Insurance based on the parents' income, read on.

Deeming

No matter how severe your child's medical or mental condition, your family must be within the limits for income and property to qualify for benefits. The SSA uses a process called "deeming" to evaluate how much income and assets a child, who lives with a parent, has available. The process to evaluate how much income from the parents can be deemed is complicated and is based on many factors, such as how many children there are in the family, whether or not the child gets any child support, and the income of the parents.

A general income grid can be found here, but a more accurate calculation will need to be done by a Social Security caseworker. Not all income is considered, or deemed. Income from the following sources is not counted toward deeming:

  • Temporary Assistance to Needy Families (TANF)
  • VA pensions
  • Foster care payments
  • Food stamps
  • Tax refunds

Normally, the home and any vehicles owned by the parents are exempt from the asset accounting, but investment accounts, second homes and other assets are considered as property.

Changes in Benefits

Since your child's eligibility is based on the parents' income, the benefits are calculated monthly, and can change with income as well as for the following reasons:

  • A parent either becomes eligible or ceases being eligible for Supplemental Security Income.
  • A parent dies.
  • A child moves into a residential treatment facility.
  • The child moves out of the family home.
  • One parent moves out of the family home.

If any of the above absences or changes in living situations are found to be temporary, the benefits may not be affected. The SSA will look at:

  • Intent: Is the change of living situation known to be temporary? An example would be a planned two-week stay with a grandparent during summer vacation.
  • School: Weekdays at a residential school are allowed if the child visits home most weekends and holidays.

The qualifications for Social Security Disability are complicated and the process can be extremely confusing and frustrating. You can get the help you need to get your child's claim approved by contacting a Social Security attorney today. Reach out to a firm like the Law Offices Of Russell J. Goldsmith to get started.


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