If you have a child with a disability, being there for your child is – and should be – your first priority. A big part of that is helping your child receive the care they need – and obviously, that requires not only love and time, but also the financial ability to do so. That’s where certain benefits – like Supplemental Security Income benefits, for example – may be very helpful.
You may have arrived at this page wondering about whether your child might be entitled to benefits for their disability, and if so, whether there are any income limits for your family that might factor into making that determination. If so, at Disability Lawyer, we’re here to help. With that in mind, here are a few helpful things to know about disability benefits for children.
What are the Basics Supplemental Security Income Benefits?
To be eligible for Supplemental Security Income (SSI) benefits, a child must either be blind, or disabled. SSI is the supplemental income program that is operated by the Social Security Administration. Benefits from this program are intended to help those with low incomes and a qualifying disability. Minor children who are either blind or have a disability may qualify for a monthly benefit.
It’s important to remember that:
- A child can be considered eligible for SSI disability benefits as early as the day that the child is born – there is no minimum age requirement.
- Generally, a disabled child will remain eligible for benefits until the child reaches the age of 18.
- After reaching the age of 18, Social Security will typically evaluate impairments and ongoing eligibility for benefits based on laws that apply to adults.
For purposes of determining SSI eligibility and limits for children, Social Security attributes some parental income to the children in a process called “deeming.” Generally, Social Security will deem parental income to a child if the child is:
- Under the age of 18 and either:
- Lives in the home with a natural or adoptive parent, OR:
- Is in the parent’s control, even if the child may be away at school.
Social Security will also attribute the income of a stepparent to the child if the stepparent lives in the same home with the child and the child’s natural or adoptive parent.
The formula used by Social Security to deem parental income to children can be somewhat complicated. Generally, the gross earned and unearned income of each parent will be totaled up, and Social Security will then subtract certain amounts to determine the amount of income to be deemed from the parent(s) to the child.
Certain types of income are not included in the formula, including:
- Food stamps;
- Welfare payments;
- Income tax refunds; and
- Other certain types of income regarding which your attorney will be able to advise you.
After totaling up the income, Social Security will make certain deductions from deemed income for parents, and other non-disabled children living in the home. After doing so, a monthly benefit will be calculated.
Generally, single parents may collect SSI for any eligible children with unearned income as high as $1,998 a month, while two-parent households may qualify with up to $2,390 in unearned income. Parents who have earned income may earn up to $3,649 a month for single parents who have one eligible child, or $4,433 for two-parent homes. Each month, Social Security will reassess whether a child is financially eligible for SSI. Children who qualify for SSI get an average of around $650 a month, although this amount will vary depending on the unique circumstances of your family.
What if the Parent is Disabled?
In some cases, your child may not be disabled, but you, the parent, may be the disabled individual. If you qualify for and receive Social Security Disability Insurance, your children may qualify for benefits as well. Generally, a child can receive SSDI benefits if they are:
- Not married;
- Under 18 years old
If the child is over 18, they might still be able to receive benefits in two circumstances –either if they are under 19 but still enrolled full-time in high school, or, if the child is disabled, and the disability occurred before the time the child turned 22 years old.
Typically, the benefits a child is eligible to receive depends upon how much their parent receives. Generally, a child will receive up to 50% of the total SSDI benefit provided to the parent, with the maximum amount available to the family being around 150 to 180% of the total SSDI benefit which was awarded to the disabled person.
Here for You
If you have a child with a disability, you need and deserve time to focus on your child, on their care, and on making the most of each day together. You don’t need the added stress and worry associated with trying to navigate the disability benefits process and wondering whether you’ve correctly checked off all of the boxes to obtain whatever compensation your child may be entitled to. That’s where we come in. We’re here to help you navigate the legal process so that you can dedicate your time where it’s most needed – to caring for the child that you love.