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What are the Social Security Rules for Children who are Disabled?
A child who is disabled may be entitled to Supplemental Security Income (SSI). First, the non-medical requirements must be met. That is, the household income has to be under a certain amount and is also dependent upon other factors such as how many children are in the household.
Definition of Disability for Children
Once the non-medical determination has been made, then a child is considered disabled for SSI purposes by following these steps:
STEP 1: Is the Child Working?
This is obviously not generally a main factor in a child SSI case, but there some cases where a teenager is working. Thus, the general definition of disability is unable to work; however, there are many different situations as to what is defined as work. How many hours worked, the type of activity or work being done and the dollar amount are all factors in determining whether someone is “working”. Under social security rules, this is referred to as substantial gainful activity.
STEP 2: Does the Child have a Severe Impairment found on the Listings of Impairments or equal one of the Listings of Impairments?
For each of the major body systems, Social Security maintains a list of medical conditions that it considers so severe that it would find a child disabled. This Listing of Impairments is broken down into “Adults” and “Children” lists and is then further categorized by the type of impairment. The conditions are currently divided into 15 categories:
- Low Birth Weight and Failure to Thrive
- Musculoskeletal System Impairments
- Special Senses and Speech Disorders
- Respiratory System Impairments
- Cardiovascular System Impairments- such as chronic heart failure
- Digestive System Impairments
- Genitourinary Disorders
- Hematological Disorders (such as sickle cell disease, chronic thrombocytopenia, and chronic anemia)
- Endocrine Disorders
- Neurological Disorders
- Skin Disorders
- Mental Disorders
- Cancer (Malignant Neoplastic Diseases)
- Congenital Disorders that Affect Multiple Body Systems
- Immune System Disorders
If the child’s impairment(s) do not meet or equal one of these listings, the child may still be found disabled by continuing on in the child disability process.
STEP 3: Does the Child have a have a medically determinable physical or mental impairment (or combination of impairments); and does the impairment(s) result in marked and severe functional limitations; and the impairment(s) has lasted (or is expected to last) for at least one year or to result in death?
Social Security evaluates physical and mental impairments in children in terms of several domains of activity that together represent all aspects of a child’s functioning. In order to be found disabled, the child must be found to have an extreme limitation in one of these domains or a marked limitation in at least two of them. These domains are as follows:
- Acquiring and Using Information
- Attending and Completing Tasks
- Interacting and Relating with Others
- Moving About and Manipulating Objects
- Caring For Yourself
- Health and Physical Well-being
Helping Individuals APPLY for Social Security Disability OR APPEAL a denied claim
The experienced Michigan Social Security lawyers at Thurswell Law assist clients with filing their child’s SSI applications—AND with appealing a denied claim—every day. Our experienced legal team can assist you with your filing and/or appealing a denied claim and will fight for your child’s right to obtain the benefits they deserve.
Benefit Denial and Appeal Rights
It is important to understand that the Social Security Administration denies many applicants at the initial stage. If benefits are denied at the initial level, you should not become discouraged. If your child is disabled, you have a legal right to pursue benefits and to contact Thurswell Law immediately for a free consultation to discuss your next steps.
Speak With a Michigan Social Security Lawyer Today
The process of filing for and obtaining Social Security benefits in Michigan can be unknowingly tricky. The knowledgeable legal team at Thurswell Law can explain every step of the process to you and can assist you with filing the application or appealing a denial.
To schedule a free consultation or case evaluation with a Michigan Social Security lawyer, please contact us online or call us at (248) 665‑8600.
Thurswell Law Can Help
If you are unable to work because of a medical condition or have a child that is disabled, it is important to consult with a Michigan Social Security Disability / SSI attorney who has the knowledge and experience necessary to help. For more information on Child Supplemental Security Income, or for a free consultation, reach out to Thurswell Law toll-free at (248) 665-8600.