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Deeming Chart

“Deeming” is the practice of counting the parents’ income when determining whether a child is financially eligible. You can use the chart below to see if your income is low enough for your child to qualify for SSI. The chart works only if you have either earned or unearned income. It will not work if you have a combination income. You will need to contact the SSA to ask if you qualify financially. Your Social Security Disability lawyer may also be able to help you understand if you qualify.

To use the chart:

  • Find the column headings across the top that reflects your family’s situation (i.e. Parent to Child or Spouse to Spouse to Child, etc.)
  • Follow that column down until it meets the row that shows how many children you have in addition to the disabled child (i.e. If you have 4 children and one is disabled, you will go to 3).
  • Where your row and column intersect, there are two numbers.
  • If your income is more than the bottom number, your child is not financially eligible for SSI.
  • If your income is less than the top number, you child may be eligible for a full SSI benefit. Based on the Federal Benefit Rate in 2007, the maximum monthly benefit for SSI is $623 per month.
  • If your income falls between the two numbers, your child is financially eligible for a partial SSI benefit.

Resource Requirements

Resource is cash or other liquid assets and any other real or personal property that an individual (or spouse, if any) owns and could convert to cash to obtain support and maintenance. If the individual has the right, authority or power to liquidate the property, it is considered a resource (SSA Handbook, Section 2148). In order to be eligible for SSI benefits, families’ resources must be below a certain level to qualify.

Resources are limited to:

  • $2,000 for a single person with disabilities,
  • $3,000 for a couple where one or more is disabled, and
  • An additional $2,000 for a family where one or more of the parents is disabled and also has a disabled child that is under the age of 18 years old and enrolled in school (no higher than grade 12).

Countable resources can include:

  • Cash on hand, in a bank or other financial institutions;
  • Stocks and bonds, CDs, IRAs;
  • Contents of a safe deposit box;
  • Valuable collections such as coins/stamps or antiques;
  • Owned property and homes the family does not live in;
  • Funeral and burial agreements; and
  • Insurance policies and their “cash surrender value.”

Resources not counted include:

  • Up to $2,000 in total assets combined;
  • A home that you live in;
  • An unchangeable funeral agreement up to $2,000;
  • Up to $1,500 in a separate account designated as “for future burial expenses;”
  • An insurance policy with a face value below $1,500;
  • An insurance policy owned by someone other than the child’s parents;
  • “Term” insurance policies;
  • Personal possessions and household goods;
  • Property essential to self-support (for example, a farm, tools, or rental property that brings in some net income); and
  • Trusts that are not under the family’s control or that can not be used to purchase food, clothing, or shelter.

The SSA is facing a growing increase of backlog cases. The number of months SSA is averaging to hear a case is 17 months, and in some parts of the country it is taking up to 31 months to hear a case.

"People have died waiting for a hearing," Social Security Commissioner Michael Astrue says.

Social Security disability requirements can be complicated and hard to understand, and sometimes claims can be denied, requiring that the parent of a disabled child make an appeal. The counsel of a personal injury lawyer with experience in Social Security disability cases can greatly help with these kinds of claims.

The Law Offices of James Scott Farrin has experienced attorneys, paralegals and case managers available to represent injured persons in Social Security Disability claims throughout North Carolina. Experienced in Social Security Disability cases, these lawyers and professional staff are dedicated to protecting the rights of families with a disabled child and may help you obtain just compensation for your Social Security Disability claims. They can help you understand the issues in your Social Security case and how best to proceed. Call the Law Offices of James Scott Farrin at 1-800-220-7321 or contact us right now and find out if you have a case today.

Social Security Disability Case Review

If you’ve been disabled and cannot work, you may be entitled to benefit. A social security disability attorney may be able to assist you to sort out the benefits you should apply for and coordinate those benefits with other benefits you may be receiving, including workers’ compensation benefits. You don’t have to go it alone. Call us today. We’ll immediately route your information to our social security disability case team, and get back to you by the next business day. There is never an obligation to hire our law firm.