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As a parent, you always want the best for your child. But when your child has a disability, the road ahead might seem uncertain. You’re already doing all you can to support them, but when it comes to navigating the complex world of disability benefits, it’s easy to feel lost.
You may be wondering where to start, how to apply for disability for a child, and if you’re doing what is necessary to support their needs.
At Pekas Smith: Arizona Disability Attorneys, we specialize in helping families like yours tackle the complex process of obtaining child disability benefits. We’re here to provide the guidance and support you need every step of the way, ensuring that your child receives the benefits they deserve.
Eligibility Criteria for Childhood Disability Benefits
Children may qualify for Social Security benefits based on their parent’s work history, provided the parent has accumulated sufficient Social Security credits.
The Social Security Administration (SSA) requires that your child have a medically determinable physical or mental condition that results in
“Marked and severe functional limitations.”
This means that your child’s condition must significantly impact their daily life, making it difficult for them to perform age-appropriate activities.
Eligibility extends to biological children, adopted children, and stepchildren who meet the following criteria:
- Have a parent who is either disabled or retired and entitled to Social Security benefits
- Are unmarried
- Are under 18 years of age or between 18 and 19 years old and enrolled as full-time high school students
- Are an adult child (18 years or older) and have a disability that began before they reached the age of 22
The condition must be expected to last at least 12 months or result in death. This timeframe is critical because the SSA is looking for long-term impairments and not temporary issues that might be resolved on their own.
Types of Benefits Available for Children with Disabilities
Here’s a breakdown of the key benefit types available for children with disabilities, each designed to provide support tailored to different needs and circumstances:
- Supplemental Security Income (SSI): SSI is a federal program that helps children with disabilities who come from low-income families. It provides monthly cash payments that can be used for basic needs like food, clothing, and housing. A child’s eligibility is based on the family’s income and resources.
- Medicaid: This program offers comprehensive health care coverage, including doctor visits, hospital stays, prescription medications, and the specialized equipment necessary for managing a child’s condition.
- Children’s Health Insurance Program (CHIP): For families that might earn too much to qualify for Medicaid but still struggle with the cost of healthcare, CHIP provides a middle ground. It offers reduced-cost health insurance that covers a broad range of conditions.
- Temporary Assistance for Needy Families (TANF): TANF is a federal initiative that offers financial aid and additional support services to low-income families. This program is available to unemployed or low-income U.S. citizens, legal aliens, and permanent residents.
How To Gather Medical Evidence for a Child Disability Claim
Gathering medical evidence is a crucial step in securing child disability benefits. Here’s how you can collect the necessary documentation:
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Request Detailed Medical Records
Ask for copies of all medical records related to your child’s condition, including doctor’s notes, test results, and treatment plans. These documents should be detailed and up-to-date, clearly showing the condition’s impact on your child’s daily life
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Include Specialist Reports
If your child receives ongoing physical, occupational, or speech therapy, gather notes from these sessions. These notes can show your child’s progress (or lack thereof) and help illustrate their day-to-day challenges.
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Track Treatment and Progress
Track all treatments, therapies, and medications your child receives. Note any changes in your child’s condition, whether improvement or deterioration, as this can demonstrate the ongoing impact and need for support.
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Secure Statements From Therapists and Caregivers
Statements from physical, occupational, or speech therapists, alongside caregivers who see your child regularly, can add a personal perspective to your claim, illustrating their day-to-day challenges and needs.
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Collect School Reports and IEPs
Educational records, including Individual Education Plans (IEPs) and teacher reports, help show how your child’s disability affects them in a learning environment, reinforcing the need for support.
What To Do if Your Child’s Disability Claim Is Denied
Receiving a denial for your child’s disability claim can feel like a major setback, especially when you’re relying on those benefits to help support their needs. However, armed with a plan, you can continue to fight on your child’s behalf.
Here are the steps to take if you find yourself in this situation:
Your first step is to read through the denial letter carefully. The SSA will outline the reasons for the denial, which can give you valuable insight into what needs to be addressed in your appeal.
If your claim was denied due to insufficient evidence, now is the time to strengthen your case. Contact your child’s doctors, therapists, and teachers to gather more detailed medical and educational records. Ask for letters specifically addressing how your child’s condition limits their ability to function like other children their age.
Next, it’s time to file your appeal. You have a limited time to file an appeal, so don’t delay. Typically, you’ll have 60 days from the date of the denial notice to request a reconsideration. Filing on time is crucial, as missing the deadline can result in the need to start the application process all over again.
If the appeal is also denied, you can request a hearing before an administrative judge. This might take some time to schedule, but it’s your opportunity to present your case face-to-face, either in person or via video conference.
Preparing thoroughly for this hearing is crucial. Discuss your case with your attorney, gather all relevant evidence, and practice presenting your child’s situation.
If you haven’t already, contact our disability attorneys specializing in children’s disability claims. We can provide valuable guidance on the appeal process and help ensure your appeal is as strong as possible. Our attorneys understand the nuances of the system and can be instrumental in turning a denial into an approval.
Reach Out to Our Experienced Disability Lawyers
We understand the emotional and financial toll this process can take on families. That’s why at Pekas Smith: Arizona Disability Attorneys, we will stand by your side every step of the way.
Whether you’re unsure how to apply for disability for a child, need guidance on gathering the right evidence, or are facing a denial of your claim, we’re here to help. With millions of dollars in disability benefits paid to our clients, we have the experience to fight for the support your child deserves.
We offer free consultations so you can get the answers you need without any added pressure. If you’ve been wondering how to apply for SSI for a child and you’ve hit a roadblock, let us support you. That way, you can focus on what matters most—caring for your child.
Contact our disability attorneys in Arizona at 602.962.2818 for a free consultation.
