Attorney for Social Security Disability for Children in Richmond, VA

Richmond Child Disability Claims Lawyer: Helping Obtain Social Security Disability for Children in Virginia

When your child has to live with an injury or illness, it is difficult to watch. Richmond disability attorney Corey Pollard pursues Social Security Disability claims for children across Virginia. Your child has more than one opportunity to obtain the disability benefits he or she needs through the Social Security Disability application process. If your child has been denied disability benefits by the Social Security Administration (SSA), our child disability claims lawyer can help you understand the process, your options, and what it takes to submit the strongest application possible.

We understand the financial and emotional stress put on families when they do not have the supplemental income and medical coverage necessary to support their disabled children. When you hire us as your Richmond child disability claims lawyer we will evaluate all available options. This includes determining which members of your family may be eligible for Social Security Disability Insurance (SSDI benefits) or Supplemental Security Income (SSI).

If a family member is entitled to Social Security disability benefits, this opens up the possibilities for your child. Your children may receive disability benefits that are payable based on your Social Security earnings as a retired or disabled worker.

We can help you apply for Social Security disability benefits or appeal a denied Social Security disability claim by making that sure the evidence is developed, including documentation, health evaluations, and educational records. Email us or call us at 804-251-1620 to schedule a free consultation. Richmond child disability lawyer Corey Pollard handles all disability cases on a contingency basis. We get paid only if your child is awarded benefits.

Pursuing Social Security Disability for Children in Virginia

We fight for the rights and interests of injured workers and disabled adults and children. We understand how difficult it is for your family. And though we can’t take away you or your child’s pain and suffering, we can help you get the relief you deserve through Social Security disability benefits for your child.

Children and their families can receive Social Security Disability benefits for a range of diseases, injuries, and conditions, including:

• Achilles contractures
• ADD and ADHD
• Adjustment disorder
• Asperger’s syndrome
• Autism
• Blindness
• Deafness
• Depression
• Developmental disabilities and delays
• Cerebral palsy
• Down syndrome
• Juvenile diabetes
• Low birth weight
• Oppositional defiant disorder
• Muscular dystrophy
• Premature birth
• Scoliosis
• Specific learning disorder
• And other physical or mental impairments affecting children

Contact a Top-Rated Children’s Disability Lawyer in Richmond, VA Today

We will do everything we can to help you and your family win your child disability case. We know how important these benefits are to you. Call or email us now to get started.

To learn more about Social Security Disability for children, keep reading.

Social Security Benefit Programs for Children

There are three programs under which a child may receive Social Security benefits. Not all of them require a finding that the child is disabled.

Social Security Disability Insurance (SSDI) Auxiliary Benefits for Dependent Children under 18

Under the SSDI program a child may receive disability benefits if she is a dependent of an adult receiving SSDI benefits or the surviving child of a person who died while receiving SSDI benefits. These benefits have many different names – child dependents’ benefits, survivors’ benefits, and auxiliary benefits – but all three terms mean the same thing.

Child dependents’ benefits are available to children who are (1) unmarried, (2) under the age of 18, and (3) financially dependent on the parent whose record they are claiming Social Security benefits through. A parent can be either a biological parent, an adoptive parent, or a stepparent. These benefits are available because a disabled parent is likely to need more money to take care of a dependent child.

A child can continue to receive these benefits until she turns 18 – or 19 if she is a full-time student. The Social Security Administration (SSA) will send forms to the child’s parent or caregiver asking for confirmation that the child is still in school. If you fail to return the completed form, the SSA may terminate benefits.

SSDI Benefits for Adults Who Have Been Disabled Since Childhood

When a child reaches 18, or 19 if she is a full-time student, Social Security dependents’ benefits usually end. There are exceptions though.

A young adult can receive SSDI benefits, even though she has never worked, if she can prove the following:

• That she became disabled before turning 22 years of age.
• That she is the child of someone who is either receiving Social Security retirement or disability benefits.

If a young adult satisfies these two criteria she is considered an “adult child” who is eligible for disability benefits. Though most “adult children” receive benefits in their 20s and 30s, these are still considered childrens’ disability benefits.

This is easier to understand through an example. Let’s say that Bob is approved for SSDI benefits when he turns 55. He has a 30-year old daughter, Jill, who was born with an intellectual disability. Jill could not receive Social Security benefits before Bob was approved for SSDI. When Bob was awarded SSDI, Jill became eligible for disabled child’s benefits based on Bob’s earnings record. If Jill had become disabled at age 25 because of a serious motor vehicle accident, she would not have been eligible for SSDI. Instead she would have to try to qualify for SSI benefits.

Virginia SSI Benefits for Children

When people talk about disability benefits for children, they are usually referring to SSI benefits. SSI is a disability program that pays monthly benefits to disabled people with low or no income and limited assets and resources, as well as children under the age of 18 who prove they are disabled. To receive children’s SSI benefits, the child’s family must satisfy the income and resource eligibility requirements. Many disabled children are denied SSI benefits because their family has too much income or assets. We don’t think this is fair since a child’s disability impacts the family’s quality of living – but it is the law.

Applying for Social Security Disability Benefits for Your Children

The tips we give in How to Apply for Social Security Disability Benefits in Virginia can be put to use when applying for disability benefits for a child. Because claims for childhood disability benefits are usually brought under the SSI program make sure that you bring records showing your income and assets. You must satisfy the income and asset requirements for your child to receive SSI benefits.

If your child meets the nonmedical eligibility requirements (i.e., the financial requirements) then your child’s file is forwarded to Disability Determination Services (DDS) for evaluation. The disability evaluation team, which includes a claims examiner and a medical consultant, will request and review your child’s medical records.

Disability Evaluation Process for Social Security Claims for Children

The SSA’s most recent childhood disability rules went into effect in 2001. The SSA’s policy is to consider all relevant evidence and factors in child disability cases and to view the evidence as a whole, not in isolation. So, for example, low test scores alone are not sufficient to win SSI disability benefits for a child.Your childrens’ disability attorney, therefore, must build a comprehensive and complete case to get your child the SSI benefits he or she deserves. Development of all physical and mental health impairments is important to win the SSI claim.

The SSA will consider not only medical sources in determining whether a child is eligible for SSI benefits, but also evidence received from non-medical sources like parents, teachers, counselors, and school principals. This includes statements made by non-medical sources to acceptable medical sources like psychiatrists, psychologists, and physicians. Often statements made by children to their parents, friends, and teachers are important since young children may not be as open to sharing their thoughts and problems with strangers and health care providers.

When determining whether a child has functional limitations because of his or her physical and mental impairments, the SSA will evaluate the child’s functional abilities based on his or her age. The SSA will evaluate the child’s ability compared to other children of the same age. This is unique to childhood disability cases. Adult disability cases do not involve as much comparisons.

Social Security Childhood Listings and Disability Domains of Functioning

The SSA’s most recent childhood disability rules went into effect in 2001. The SSA’s policy is to consider all relevant evidence and factors in child disability cases and to view the evidence as a whole, not in isolation. So, for example, low test scores alone are not sufficient to win SSI disability benefits for a child.Your childrens’ disability attorney, therefore, must build a comprehensive and complete case to get your child the SSI benefits he or she deserves. Development of all physical and mental health impairments is important to win the SSI claim.

The SSA will consider not only medical sources in determining whether a child is eligible for SSI benefits, but also evidence received from non-medical sources like parents, teachers, counselors, and school principals. This includes statements made by non-medical sources to acceptable medical sources like psychiatrists, psychologists, and physicians. Often statements made by children to their parents, friends, and teachers are important since young children may not be as open to sharing their thoughts and problems with strangers and health care providers.

When determining whether a child has functional limitations because of his or her physical and mental impairments, the SSA will evaluate the child’s functional abilities based on his or her age. The SSA will evaluate the child’s ability compared to other children of the same age. This is unique to childhood disability cases. Adult disability cases do not involve as much comparisons.

There are two routes for a child to be found disabled:

• by meeting a listing in the Child Listing of Impairments and
• by satisfying the requirements under the childhood domains of functioning.

The SSA has a Listing of Impairments for children. This is found in the Social Security regulations. When determining whether your child meets a listing, the SSA will review the alleged symptoms, diagnostic tests, and laboratory findings. If your child meets a listing then he or she will be found disabled automatically.

If your child does not meet a listing then the SSA will use the six functional domains to decide whether your child is disabled and entitled to SSI benefits. To receive SSI benefits, a child must have “marked” limitation in two domains or an “extreme” limitation in one domain.

Marked means the limitation is more than moderate but less than extreme. A child has a marked limitation if the limitation “interferes seriously” with the child’s ability to independently begin, sustain, or finish activities.

A child has an extreme limitation if the limitation “very seriously” interferes with the child’s ability to independently begin, sustain, or finish activities. An extreme limitation does not mean that the child is completely unable to perform tasks within the functional domain.

The six childhood disability functional domains are:

• Acquiring and using information;
• Attending and completing tasks;
• Interacting and relating with others;
• Moving about and manipulating objects;
• Caring for yourself; and
• Health and physical well-being.

Answers to Common Questions about Social Security Disability for Children

What’s the difference between a representative payee and an authorized representative?

If your child is found disabled the SSA will name a representative payee to manage the child’s benefits This happens in almost every case. Usually the child’s parent or guardian is the representative payee. An authorized representative is the person representing you and your child. Your disability attorney is your authorized representative.

Will my child receive health care coverage if she is found eligible for disability benefits?

Yes. Your child will qualify for Medicaid if her claim is awarded. Make sure to check with your local Social Security field office after the claim is accepted. You may have to take additional steps to enroll your child for Medicaid.

Some disabled children who qualify for SSI benefits will also qualify for Medicare. But this is a small group. Only children with chronic renal disease who need a kidney transplant or dialysis, and who have a parent who is receiving SSDI benefits or has worked enough to have insurance coverage under SSDI, are eligible for Medicare before age 20.

I can’t afford to provide my child with medical care. Will the claim be denied due to lack of medical evidence?

Unfortunately obtaining and affording health care is difficult for many people. But medical evidence is an important part of proving that your child is entitled to disability benefits. If you have not been able to get your child the treatment she needs, make sure that you ask the SSA to have a medical expert present at hearing. The medical expert will listen to your testimony and review the medical records in the file, then give his or her opinion on whether your child is disabled.

My child is in special education and has an individualized education program (IEP). Will he get approved for disability benefits automatically?

No. Your child’s SSI claim may be denied even if he or she is in special education full-time or is receiving in-school counseling. Likewise, your child’s disability claim may be approved even if he or she is in regular classes and making good grades. A Social Security Disability lawyer familiar with children’s claims can help you build the case.

Will the SSA review my child’s case after she has been found disabled?

The SSA may conduct a continuing disability review (CDR) if your child is receiving disability benefits. The CDR will take place on the following schedule:

• Every three years if your disabled child is under 18 an has conditions that are likely to improve
• 12 months after birth for babies who are receiving childrens’ disability benefits based on low birth weight
• During the 18th year
• At the SSA’s discretion if your child’s physical or mental disability is not expected to improve

Keep in mind that the above schedule is the suggested schedule for CDRs. The SSA may not conduct continuing disability reviews on these intervals if it is understaffed or running low on money.

What happens when my disabled child turns 18?

A child’s 18th birthday is significant. It marks the beginning of adulthood. With this transition comes increased rights and responsibilities. It usually is a time of celebration.

But for those disabled children who receive SSI and their families, it could mean something much more stressful: the termination of SSI benefits.

Social Security will conduct a “redetermination” of benefits in the year following your child’s 18th birthday. Social Security will evaluate your child’s medical condition and financial condition to determine if he or she qualifies for disability benefits as an adult.

The child and adult standards for disability are different in at least three ways.

First, children are evaluated for SSI based on how their medical condition affects their ability to perform age appropriate tasks. Adults are evaluated based on their ability to perform past work or other work that exists in the national economy.

Second, the medical eligibility standards published by Social Security are different for children and adults.

Third, Social Security looks at finances differently. When a child under the age of 18 applies for SSI, Social Security uses the parent’s finances to determine if the child qualifies for SSI. Once the child turns 18, Social Security uses the child’s own finances to determine eligibility.

You will know that the SSA is conducting a CDR because it will send a letter to your family. The SSA will ask you and your child to attend an interview at the local Social Security Field Office. During the interview, a Social Security employee will ask you and your child questions to determine if your child should continue to receive SSI benefits as an adult.

After the interview you will receive a decision letter. Your child will either be approved or denied benefits. If approved, your child will continue to receive payments. If your child is denied benefits, then you have the option to appeal. An experienced Social Security Disability lawyer can help you with this appeal.

To help your child continue to receive disability benefits, you should make sure that your child continues to receive treatment for his or her conditions. This is important because Social Security will look to see if your child still suffers from the condition for which they were initially found disabled.

You should keep a log of all medical treatment and obtain all relevant medical records to submit to Social Security.

Next you should provide Social Security with financial documents to show that your child still meets the financial threshold for SSI eligibility.

But before doing those things, contact a Social Security Disability attorney for children to learn more about what you can do to keep your child’s Social Security benefits.

Your Richmond Disability Attorney for Social Security Disability Claims for Children: Let Us Help

A child’s disability impacts not just the child but your whole family. We’re here to help you through this trying time. Call or e-mail us for a free consultation so that we can help your child get approved for every disability benefit available through Social Security.