The Paralympics have without doubt raised the public awareness of disability issues in the UK. Hopefully that is true also in other parts of the world. This article concerns disability benefits. Although this blog was primarily designed for the UK it is now accessed globally. I was sent this article this week and I think it deserves an airing as it provides a cross-cultural perspective to the whole area of disability benefits. Moreover some of the parents I have worked with have returned to the USA in the past year and it may be useful for them. So I commend this article and thank the author for taking his time in writing it.
Social Security Disability (SSD) is a U.S
government program administered by the Social Security Administration and
designed to provide financial relief to those who are unable to work due to a
disability. You can apply for either Social Security Disability Insurance
(SSDI) or Supplemental Security Income (SSI) benefits. SSDI is intended for
individuals who are unable to work for at least a year due to their disability
and have paid Social Security Taxes (FICA taxes) for 5 out of the last 10
years. SSI, on other hand, is intended for those who do not have the necessary
work history.
When most people think about Social
Security Disability applications, they imagine applications filed by disabled
workers who are no longer able to perform the duties required by their work due
to the severity of their disabling condition. The truth is that many of the
disability applications that the SSA receives are filed on the behalf of
children who are suffering from severely debilitating conditions. The following
information will help you understand the disability claim process for a child
and how a child can receive Social Security Disability benefits.
Who
Qualifies?
Children who are under 18 years of age may
qualify for Supplemental Security Income (SSI) benefits. Those who are between
the ages of 18 and 22 may qualify for SSDI benefits if their parents have
earned enough work credits to qualify for these benefits.
In order to qualify for SSDI or SSI
benefits, a child must have a physical or mental condition that has a serious
impact on his or her activities and the condition must be expected to last at
least one year or result in death.
How
to Apply
In order to apply for Social Security
Disability benefits for a child, you need to go to the SSA’s website and fill
out the Child Disability Report. This is the first step in the application
process. If you do not have access to the Internet, you can visit your local
Social Security office to obtain the form.
When you file the initial application, be
sure that you provide as much medical documentation as possible to support your
claim. If you do not provide the information during the initial application
process, the examiner in charge of the claim will likely request copies of
medical records when the file is assigned to him or her.
The examiner who reviews your child’s claim
will determine whether or not your child’s disability prevents him or her from
participating in age-appropriate activities. In order to do this, school
records will also play a part in determining the eligibility of your child and
you will need to provide these records or sign a release allowing the SSA to
obtain the records in order to process your child’s claim.
Filing
an Appeal
If your child’s initial application is
denied by the Social Security Application, you have a right to appeal the
decision. This will likely mean a hearing before an administrative law judge.
This is where you will plead your case to the judge, who has the power to
overturn the SSA’s decision and grant your child the benefits he or she needs.
It is highly recommended that you retain the services of a disability attorney
when attending a disability hearing as an attorney is familiar with the
disability laws and how specific laws can help your child’s Social Security
Disability case.
If the hearing results in further denial,
there is still hope. You can submit an appeal to the SSA Appeals Council and,
if that does not work, further your appeal to the district court. Again, it is
crucial that you work with a disability attorney if you are denied benefits
during the initial stage of the application process as you will need the help
of an attorney to navigate the steps of a disability appeal and increase your
chances of a successful appeal outcome.
If you are worried about the cost of a
disability attorney, you will be happy to know that these professionals work on
a contingency basis. You will not have to come up with any money up front. The
attorney only collects a fee if you win your disability case. If the attorney’s
services result in the award of disability benefits to your child, that
attorney will receive 25 percent of the back pay that is awarded to your child
by the SSA.
by Ram Meyyappan,
www.socialsecurity-disability.org
www.socialsecurity-disability.org
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