There are many ways in which disability affects families. When children are involved, you want to do everything possible to ensure your family is protected. SSDI and SSI do have plans that help the children of disabled parents and disabled children. There is no income or asset limitation in cases where a child is disabled. However, there are a lot of questions that need to be asked before an individual can receive benefits. This is one reason why it is good to have a Minneapolis Social Security Disability lawyer working for you. You can ensure your application is filled out correctly and that you are prepared for your hearings.
Children With Disabilities
It is very important to obtain the necessary information from doctors that have treated a child with a disability and before the child is the age of 22. This is so it can be understood whether or not there was a change in the child’s condition. In order for a child to receive benefits, he or she must have been disabled before turning 22. The child must also have a parent who is disabled, deceased, or retired in order to receive benefits.
The process is definitely a tricky one. One of these two factors could disqualify a child from receiving benefits:
- The child got married after the age of 22. If their spouse was not also on benefits, they could be disqualified.
- If the child ever worked in a gainful activity after the age of 22.
There are many individuals that continue to receive benefits past the age of 22 if they were disabled during childhood and the disability still prevents them from engaging in any gainful activities.
Children Of Guardians With Disabilities
Children may file for benefits under their parent’s earning record if their parent is retired, deceased, or disabled. There is typically a 5 month waiting period for SSDI recipients, but it is waived when children are seeking benefits. Children are eligible if they are unmarried and under 18 or if they are 18 or 19 and attending a full-time school.
Adopted children are eligible for Social Security benefits, including those children who have been adopted after the parent started receiving benefits. Stepchildren are also eligible as long as they are dependent upon the recipient. The step-relationship should be in place 12 months or more in order to qualify. The child must also depend upon their stepparent for at least have of their financial support. If the parent and the stepparent divorce, then the benefits will stop the month following the finality of the divorce.
Grandchildren may be eligible to receive benefits if the benefits are not payable on their parent’s work record, if the biological parents are diseased or disabled, if the grandparent legally adopted the grandchild, if the child lived with the grandparent before the age of 18 and received at least half of their support from that grandparent, and if the natural parent is not making regular support contributions to the child.
To learn more about receiving the benefits that you or your child deserves, call the Social Security Disability Law Center at 651-789-4441