As a parent, you will always want your children to have the best, no matter how old or young they are. What happens when your disability is affecting your family? If you are a disabled parent with dependent children, you can turn to Richard Sly, Attorney at Law for legal assistance. As one of the social security disability lawyers in Oregon, he has first-hand experience dealing with a variety of complex legal regulations that surround a variety of situations. When it comes to the wellbeing of your family, you want a compassionate attorney who will fight for you.
What are You Entitled to?
If one or both parents qualify for Social Security Disability (SSDI) benefits, dependent biological, adopted, step, and grandchildren may also be eligible for benefits until they turn 18. Children are eligible whether they were born during a marriage or out of wedlock. These benefits are technically known as “auxiliary benefits,” and recipients are known as “auxiliary beneficiaries.”
It is important to note that children of parents who collect Supplemental Security Income (SSI) are not entitled to these auxiliary benefits. If the child is a full-time secondary school student, he or she can continue to receive benefits until turning 19. Children are eligible for up to 50% of the parent’s monthly benefit.
Disabled parents with dependent children live with an added fear of leaving their dependents without a source of income. Dependent minor children whose parents died while receiving SSDI benefits are eligible for survivor’s benefits.
Provisions for Disabled Children
A minor dependent child can receive a benefit based on the record of a disabled parent—whether or not the child is disabled. However, children over the age of 18 who become disabled prior to the age of 22 are eligible to continue to draw SSDI benefits based on their parent’s earnings record.
Filing a Claim for Children of Disabled Parents
Claims can be filed by disabled parents with dependent children at the same time they file for disability benefits for themselves. If a claim has already been approved, parents are free to call the Social Security Administration to start on the application process for their children. The following must be supplied:
- Child’s Birth Certificate
- Disabled Parent’s and Child’s Social Security Numbers
- Bank’s Routing Information for Direct Deposit
- Proof of Parent’s Death (For Survivor’s Benefits)
Adult Disabled Children
If an individual has become disabled before turning 22, he or she can qualify for SSDI if his or her parent meets certain qualifications. SSDI is designed to help those who have worked a certain amount of time, and it does not have income and asset restrictions. Beneficiaries typically have to have paid into the Social Security system for at least 10 years, and benefits depend on the income before the disability, size of the family, and amount paid into the system. SSDI recipients are also entitled to receive Medicare 2 years after qualifying for benefits.
What Social Security Disability Benefits are Available to Children?
Children are entitled to collect Social Security or SSI benefits in a number of situations. Richard A. Sly is available to meet with disabled parents with dependent children to discuss benefits for the following:
- Low-Income Disabled Children
- Children who do not qualify for SSI
- Adults Disabled since Childhood
Different SSI Benefits for Disabled Children
SSI is available for children and adults who meet the disability requirements set in force by the Social Security Administration (SSA) and have little income or resources. After turning 18, the disabled child is required to qualify for SSI as an adult, and the family’s income will no longer be considered as part of the eligibility process for SSI.
Disability Benefits for Children
In many cases, children are eligible to receive Social Security Disability benefits through the SSI program. Children can qualify through this program, as SSDI is only available to disabled individuals who have worked a certain length of time. The SSA considers a number of factors when determining eligibility.
Income and Asset Limits
Because SSI is for individuals with low income, there is a limit for children to qualify for this benefit. The income and resources of the child are considered, as well as all resources of the family members that the child lives with. Even if a child does not live with family may still have the income of his or her family members considered if they go home on a regular basis and are under the care of family when at home.
Threshold Medical Eligibility Requirements
In order to qualify for benefits, a child must meet the basic medical eligibility regulations. While children do not need to prove that they are unable to return to work, they must demonstrate that their impairments prevent them from performing essential daily tasks. Other requirements include the following:
- Child Is Not Working and Earning More Than $1,170 per Month
- Child Has Marked and Severe Functional Limitations
- Child Has Been Disabled for the Past 12 Months or Is Expected to Be Disabled for 12 Months or More, or has a Disability that is Expected to Result in Death
To expedite the process, the SSA has created a listing of impairments that outlines signs of a disability. Because many diseases affect children differently than they do adults, it is important to look at separate criteria for individuals under the age of 18.
Marked and Severe Functional Limitations
In some situations, a child’s medical condition will not meet the requirements of a disability listing. However, the child may still be considered disabled if functional limitations are marked and severe. These limitations must affect the child’s ability to function on a daily basis.
Medical Evidence Requirements
Like other Social Security Disability benefits, evidence is required for children to receive benefits. Medical reports should compare the child’s functional abilities with other children of the same age who do not live with impairments. These functions include learning and using information, the ability to complete tasks, the ability to walk, and the ability to interact appropriately with others. The SSA will also consider school records and reports.
In some cases, the child may be asked to have a medical examination performed. The SSA will cover the costs of these tests, which are performed by medical doctors (MDs), while SSA mental examinations are done by psychologists or psychiatrists, depending on the impairments.
Timeline for Disability Decision
In most cases, it takes 3 to 5 months for a child to begin receiving benefits. However, if a child has a specially-noted condition, he or she can start receiving benefits immediately and for up to 6 months while the base is being decided. These conditions include:
- Total Blindness
- Total Deafness
- Down Syndrome
- Low Birth Weight
- Cerebral Palsy
- Muscular Dystrophy
Once a child has started to receive disability benefits, he or she may be subject to periodic reviews. If a child’s condition is expected to improve, these reviews can be conducted every 3 years. Reviews will look at the child’s current medical condition to see it is improving and will look for evidence that the child is receiving necessary medical care for their condition.
Whether you are searching for a social security attorney in Vancouver, WA or Portland, OR, you can come to Mr. Sly for a free legal consultation to discuss your specific circumstances. Contact Richard Sly today to schedule your consultation about the process for disabled parents with dependent children and social security disability in Oregon.