Child SSI Information
Frequently asked questions on minor children that may be eligible for SSI
We urge you to contact the Law Center for Social Security Rights for a FREE CONSULTATION at 1-800-832-3471.
1. Where can I get some help and guidance that will not be costly?
2. If I think my child is eligible, what should I do first?
3. How and where does a Parent or Guardian apply for child SSI benefits?
4. If I start the claim myself, can I still contact the Law Center for Social Security Rights for free consultation?
5. How Does a seriously disabled child qualify for SSI benefits?
6. What are the non-medical requirements?
7. Assuming the non-medical requirements are met, what are the disability standards for a child to qualify for SSI?
8. What happens if the claim is approved?
9. If my child is about to turn 18 are my family resources still considered?
10. If I hire an attorney, how much does it cost?
1. Question: Where can I get some help and guidance that will not be costly?
Answer: The Law Center for Social Security Rights provides a free phone consultation service that you can call during normal business hours. Your call will be handled the same day you contact the Center and all of your questions will be answered free of charge. If you decide you want legal representation for your child, and we feel there is a good chance of success, a thorough explanation of the process will be given, and the fee arrangement explained. If we represent your child, we will handle all of the filing requirements, develop the evidence, contact your child’s doctors and other healthcare providers, prepare all appeal papers through initial hearing, and appear at the hearing on behalf of your child.
back to top
2. Question: If I think my child is eligible, what should I do first?
Answer: Contact the Law Center for Social Security Rights for a free, immediate consultation. All of your questions will be answered, and if you decide that you wish to handle the claim yourself, at least through the initial decision, we will tell you how and where to start the claim. Or, if you wish, you may contact the Social Security Administration directly.
back to top
3. Question: How and where does a Parent or Guardian apply for child SSI benefits?
Answer: The Social Security Administration is responsible for taking the application and deciding the claim. You may file by phone at 1-800-772-1213, in person at the nearest Social Security field office, or through the assistance of an attorney or Law Center that specializes in these claims.
back to top
4. Question: If I start the claim myself, can I still contact the Law Center for Social Security Rights for free consultation?
Answer: Yes, no one is ever refused a free consultation on a child’s claim even if the Center was not retained from the beginning. You may retain an attorney from the Center at any time up to the date of hearing.
back to top
5. Question: How Does a seriously disabled child qualify for SSI benefits?
Answer: There are 2 parts that must be met. They are divided between the medical and the non-medical requirements.
back to top
6. Question: What are the non-medical requirements?
Answer: Before the disability is even considered, you first must show that the child lives in a household with very limited income and resources. Each household is different, but as a general rule, if the family is receiving any State assistance such as food stamps, Medicaid, or any other welfare benefit, the non-medical requirements will be met. Even if the family is not receiving welfare, the child could still qualify for benefits if the household income is low. A case by case analysis must be made.
back to top
7. Question: Assuming the non-medical requirements are met, what are the disability standards for a child to qualify for SSI?
Answer: The child must be suffering from a marked and severe medical condition that is expected to last more than 1 year. The Social Security Administration uses a set of specific medical standards that can automatically qualify a child. These standards do not cover all medical conditions, so again, each case must be looked at individually. Claims are allowed where the medical condition of the child is equivalent in severity to these standards. The Regulations are complex and an experienced attorney who specializes in this field should be consulted for an opinion.
back to top
8. Question: What happens if the claim is approved?
Answer: The non-medical requirements are again reviewed to see if there has been any change in family circumstances or resources. The past-due amount, usually referred to as the under-payment, and the current monthly benefit, are then calculated.
back to top
9. Question: If my child is about to turn 18, are family resources still considered?
Answer: No. Once a child turns 18, the family resources are no longer considered and your child, who is now considered an adult, may qualify for benefits independent of any assets or income his family may have, even if he is living in the same household. There are very complicated rules that govern this and it would be wise to call the Center for a free consultation on these issues.
back to top
10. Question: If I hire an attorney, how much does it cost ?
Answer: Most attorneys and law firms that specialize in this field accept these claims on a contingency basis. This means that they only charge a fee if the claim is successful and benefits are paid to the child. Fees are regulated by Social Security and prior approval is required before an attorney can collect a fee. It is always wise to talk about fees with the attorney during your first conversation if you decide you want the assistance of an experienced lawyer.
back to top
