To get childhood disability benefits under Social Security’s SSI program, you must prove that your child has severe physical or mental problem(s).  The problem must last for one year, and must limit your child in important ways.  Or, if the mental or physical problem is new, your doctor must expect the problem to last for one year and limit your child in important ways, or cause your child's death.  Also, your family must fall within the program's income and resource limits.

To see who can get SSI childhood disability benefits, Social Security uses a step-by-step process:

First, Social Security must find out if the child is working.

Then, Social Security decides if the child has a problem (mental, physical, or both) which greatly harms his or her physical or mental ability.  If this is true, then the child has shown a “severe” problem.

Next, the child’s problem is reviewed to see if it meets one or more of Social Security’s definitions of disability.  Social Security lists many different types of disabling problems. 

If a child’s problem does not meet the definition of a disabling problem, Social Security checks it out in greater detail.  This is to see if the problem harms the child by delaying the child’s growth and development in two or more ways.

After you apply for your child to get SSI benefits, you will get a letter from Social Security. The letter will tell you Social Security’s decision.  If Social Security denies benefits to your child, you will be told of your right to appeal.  Appeals must be made in writing and there are strict time deadlines to follow.  You can learn about the appeal process at any district Social Security office.  Also, legal services offices, such as LAWNY, help in appeals.

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(c) Legal Assistance of Western New York, Inc.

This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer.  Receiving this information does not make you a client of our office.