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Overview

In 1996, Congress redefined the children’s eligibility criteria for social security disability benefits. Eligible children must meet the following revised definition:

  • Be under the age of 18;
  • Have a medically determinable physical, mental or combination of impairments;
  • Have impairments that cause marked and severe functional limitations; and
  • Have impairments that can be expected to cause death or last for no less than 12 months.

The Social Security Administration (SSA) offers two programs that children with disabilities may qualify for:

  • Social Security Child’s/Survivor’s Benefits, and
  • Supplemental Security Income (SSI).
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Applying for SSI Children’s Benefits

The application process may take up to 100 days depending on:

  • the state you live in,
  • the nature of your child’s disability,
  • the amount of time SSA receives your child’s medical and school records, and
  • whether your child requires additional medical examination.

SSI payment amounts vary from one state to another because some states may add to the SSI payment. Someone experienced in the field of Social Security Disability claims can help you determine the amount of SSI benefits you are entitled to receive.

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Supplemental Security Income (SSI)

SSI is a needs-based program that a child and his or her family must qualify for in order to receive benefits. It is based on two criteria:

  • Income and resource requirements, and
  • Disability qualifications
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SSI Income and Resource Requirements

During the processing of your child's application, the SSA will investigate your family’s income and resources. SSA will sometimes consider some resources and income while excluding others.

Income Requirements

Income can come in two forms: unearned and earned. SSA counts the two different income types differently. Some income may be excluded from being “counted.” SSA totals the “countable income” and then factors in how many other children who are not disabled in the family. A family must be below a certain level of countable income in order to qualify for SSI benefits.

Unearned Income

All unearned income is counted except for a $20 general income exclusion.

Your unearned income may include:

  • Social Security Disability Income,
  • Veterans Benefits,
  • Rail Road Retirement,
  • Unemployment Insurance, and/or
  • Child Support.

There are two exceptions to the $20 general income exclusion. The two unearned income exceptions are:

  • when the unearned income is child support, because child support is counted as a child’s income, and
  • when the unearned income is in the form of “in-kind support and maintenance” or when free food or shelter is received from someone else.
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Earned Income

Earned income includes wages, salary, or net income from self-employment. SSA does not count the first $65 a month in earned income. If there is no unearned income, SSA will not count an additional $20/month of earnings. After the first deductions, SSA will only count half of what remains.

Once your child qualifies for SSI, if he or she is a student and begins to work, SSA will not count the first $1,510/month, up to $6,100/year (in 2007) that he or she earns. If your child earns more than $6,100/year, SSA will count the earnings over $6,100 the same way it counts the other earnings. This $6,100 amount is called the Student Earned Income Exclusion (SEIE).

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Social Security Disability Case Review

If you’ve been disabled and cannot work, you may be entitled to benefits. 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.

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