How do you get ssi for your child

Child Disability Starter Kit Fact Sheet

Child Disability Starter Kit - Fact Sheet

What You Should Know Before You Apply for SSI Disability Benefits for a Child

Children from birth up to age 18 may get Supplemental Security Income (SSI) benefits. They must be disabled and they must have little or no income and resources. Here are answers to some questions people ask about applying for SSI for children.

How does Social Security decide if a child is disabled?

Social Security has a strict definition of disability for children.

The child must have a physical or mental condition(s) that very seriously limits his or her activities; and
The condition(s) must have lasted, or be expected to last, at least 1 year or result in death.

A state agency makes the disability decision. They review the information you give us. They will also ask for information from medical and school sources and other people who know about the child.

If the state agency needs more information, they will arrange an examination or test for the child, which we will pay for.

How does Social Security decide if a child can get SSI?

Children can get SSI if they meet Social Security’s definition of disability for children and if they have little or no income and resources. We also consider the family’s household income, resources and other personal information.

How will I know what Social Security has decided?

We will send you a letter. It can take 3 to 5 months to decide a child’s SSI disability claim. Let us know if your address or telephone number changes so that we can get in touch with you.

Will my personal information be kept safe?

Yes. Social Security protects the privacy of those we serve. As a federal agency, we are required by the Privacy Act of 1974 (5 U.S.C. 522a) to protect the information we get from you.

What if I am more comfortable speaking in a language other than English?

We provide free interpreter services to help you conduct your Social Security business.

Other Important Information

SSI is not a medical assistance program. Your state Medicaid agency, local health department, social services office or hospital can help you find your nearest health care agencies. Your Social Security office can also help you find health care agencies.

Medicaid

Medicaid is a health care program for people with low incomes and limited resources. In most states, children who get SSI benefits can also get Medicaid. Even if your child cannot get SSI, he or she may be able to get Medicaid. Your state Medicaid agency, Social Security office or your state or county social services office can give you more information.

State Children's Health Insurance Program (SCHIP)

Children may be able to get health insurance from SCHIP even if they do not get SSI. SCHIP provides health insurance to children from working families with incomes too high to get Medicaid, but who cannot afford private health insurance. SCHIP provides insurance for prescription drugs and for vision, hearing and mental health services in all 50 states and the District of Columbia. Your state Medicaid agency can provide more information about SCHIP. You can also go to www.insurekidsnow.gov/ or call toll free 1-877-KIDS-NOW (1-877-543-7669) for more information on your state’s program.

Other Health Care Services

If the child is under age 16 and we decide he or she is disabled and can get SSI, we will refer him or her to your state children’s agencies for social, developmental, educational and medical services. Even if the child cannot get SSI, these state agencies may be able to help him or her.

Work Opportunities for Young People Who are Getting SSI

Many young people who get SSI disability benefits want to work. The following information may be helpful.

We do not count most of a child’s earnings when we figure the SSI payment. We count even less of a child’s earnings if the child is a student.
We subtract the cost of certain items and services that a child needs to work from his or her earnings in figuring the SSI payment.
If a child is age 15 or older, he or she can establish a Plan to Achieve Self-Support (PASS). With a PASS, a child can set aside income for a work goal. We will not count this income when we figure the SSI payment.
A child’s Medicaid coverage can continue even if his or her earnings are high enough to stop SSI payment, as long as the earnings are under a certain amount.

Social Security has two programs that can assist young people who get SSI disability benefits and want to go to work:

Work Incentives Planning and Assistance (WIPA)
Protection and Advocacy for Beneficiaries of Social Security (PABSS) program

Your local Social Security office can provide more information about these programs. You can also find more information on our Work website, www.socialsecurity.gov/work/.

What Qualifies a Child for Social Security Disability?

Learn what the age, financial, and medical requirements are for your child to be able to qualify for SSI disability benefits.

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Raising children can be both joyful and challenging. That's doubly true if your child has a physical or mental disability that puts a greater strain on your time and resources. Caring for your child might even hinder your ability to work. If your income is limited already, the cost of care for your disabled child can take the family budget to the breaking point.

But there might be financial help available to you. If your child has a disability that greatly affects their ability to function, they might qualify for Supplemental Security Income (SSI), a monthly cash benefit. Here's what you need to know to apply for and get SSI disability benefits for your child.

First Step to Getting a Disability Check for Your Child

To qualify for disability benefits, your child will first need to meet Social Security's non-medical eligibility requirements. Your child must fit Social Security's definition of what a child is, and your family must meet the financial requirements of the SSI program.

What Age Does My Child Need to Be to Get Disability?

SSI disability benefits for children are similar to SSI benefits for adults. But Social Security uses slightly different criteria in determining disability for a child versus an adult applying for benefits. Children are considered disabled if they have functional limitations in six specific areas, whereas adults must show that their impairment prevents them from doing work activities.

For Social Security to consider an application for SSI benefits using the determination rules for children, your child must be:

under the age of 18, or
under the age of 22 and still enrolled full-time in junior high or high school (not college).

Does My Child Qualify Financially for SSI Disability?

Since SSI is designed to help disabled adults and children with few financial resources, your family must meet Social Security's income and asset limits for your child to qualify for benefits. Social Security will consider your child's income along with the income of the other family members in your child's household. That includes both parents and step-parents if they live with the disabled child.

If your child spends most of their time away from your home (perhaps living at school) but returns for visits, and you're still "in charge" of the child, your income and resources must still fall below the SSI limits.

In a process called "deeming," Social Security will look at the income and resources of the qualifying parent(s) and count a certain amount of the parent's income as the income of the child. If Social Security determines that your family meets the SSI income and asset limits, your child's application for disability will move forward in the process.

Read more about the SSI income and asset limits.

What Qualifies as a Disability for a Child?

The next step in the SSI disability application process is the medical determination. Social Security must decide if your child fits the agency's definition of disabled.

There are two ways to show that your child is medically disabled:

by showing your child's condition meets the requirements of a disability listing, or
by showing your child's condition "functionally equals" the listings because of limitations in one or more areas of functioning.

Does Your Child's Disability Meet a Listing?

Social Security has a list of impairments (call the "Blue Book") that it uses to determine medical eligibility for benefits. There's a list for adults and another for children who apply for disability. If your child's condition meets a childhood listing, your child will qualify for disability benefits.

For children, there are 14 different listings in the Blue Book covering a variety of impairments. Below is the list of childhood disabilities found in the Blue Book and some of the impairments included in each listing.

100. Growth Impairment
101. Musculoskeletal System (inability to walk, spina bifida, burns)
102. Special Senses and Speech (loss of hearing, limited vision)
103. Respiratory System (asthma, cystic fibrosis)
104. Cardiovascular System (congenital heart disease, heart transplant)
105. Digestive System (inflammatory bowel disease, malnutrition)
106. Genitourinary Disorders (chronic kidney disease requiring dialysis, nephrotic syndrome)
107. Hematological Disorders (sickle cell disease, anemia)
108. Skin Disorders (ichthyosis, dermatitis)
109. Endocrine Disorders (diabetes, thyroid gland disorder)
110. Impairments that Affect Multiple Body Systems (Down syndrome)
111. Neurological Disorders (epilepsy, cerebral palsy)
112. Mental Disorders (anxiety, depression, eating disorders)
113. Malignant Neoplastic Diseases (cancers, including leukemia)
114. Immune System (lupus, HIV/AIDS)

For your child to qualify medically for SSI disability based on the listings, you must provide medical evidence that shows your child meets every element in the listing.(Learn more about getting SSI for specific childhood conditions.)

Can Your Child Functionally Equal the Listings?

A cornerstone of Social Security's disability requirements for adults is that their disability prevents them from working (unless they meet a listing). For children, this requirement is generally not applicable, so Social Security looks at how your child's functional abilities are limited in six domains of functioning:

acquiring and using information
attending to and completing tasks
interacting and relating to others
moving around and manipulating objects
self-care, and
health and physical well-being.

Functionally equaling the listings means that your child has either:

"marked" impairments in two of the six functional categories, or
an "extreme" impairment in one category.

A "marked" impairment seriously interferes with your child's ability to function. An "extreme" impairment very seriously interferes with your child's ability to function. In both situations, the limitation may be caused by one severe condition or a combination of less severe conditions.

Learn more about how Social Security decides if your child's condition functionally equals the listings.

How Long Can My Child Get Disability?

To qualify for SSI benefits, your child's disability must have lasted or be expected to last at least 12 months. There are some exceptions to this rule. Children with certain conditions can qualify for "presumptive disability" (which means they'll get immediate SSI benefits because Social Security presumes they're likely to qualify for disability).

For example, if your child had a significantly low birth weight and you apply for SSI disability before your baby is six months old, your child should qualify for presumptive disability.

Your child will be able to continue receiving SSI benefits indefinitely if their condition continues to be disabling and they continue to be financially eligible. After children turn 18, their disability is reevaluated under the adult listings and medical-vocational rules. (Learn more about what happens when a child receiving SSI disability becomes an adult.)

Need Help Applying for Disability for a Child?

You can contact your local Social Security office or call Social Security (800-772-1213) to get your child's disability application started. You can also use the online form to begin the SSI application process for your child. But navigating the Social Security disability claims process can be a complex and time-consuming endeavor, involving multiple forms and gathering a lot of information.

It can be a daunting task, especially when you're also caring for a disabled child. You can lighten your load by working with a lawyer or advocate who specializes in children's SSI disability cases. An experienced disability lawyer or advocate can help you build a stronger case that will make it more likely that your child will qualify for SSI disability benefits.

Social Security Administration Rules Regarding Parental Income Credit for a Child with Disabilities to Determine a Child's SSI Eligibility and How Much SSI

This pub will tell you about the "count" rules. This means that a portion of a parent's income and resources are considered in relation to their child when deciding SSI eligibility and benefit amounts. This pub will help you figure out how SSI counts your income. He gives examples. It tells you how to report income.

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Generally, a parent's income and money is "credited" or credited to a child receiving Supplemental Security Income (SSI). This means that a portion of the parent's income and money counts against the child in determining eligibility for SSI. This publication explains the rules for crediting income, namely the rules for determining the amount of a parent's income that is credited to a child with a disability and determining the child's eligibility for any additional social income.

Before looking at the method of calculating the amount of parental income credited to a child and the amount of SSI a child is entitled to, you need to understand how the Social Security Administration's Retrospective Monthly Accounting system works and how are your reporting obligations. The Social Security Administration only considers the income and money of the parent with whom the child on SSI lives. The Social Security Administration does not count the income or money of a parent with whom a child receiving SSI does not live. The income of a foster parent with whom a child receiving SSI lives is counted.1

Retrospective monthly calculation

The Social Security Administration uses the retrospective monthly calculation system for the period of eligibility for SSI benefits. Section 20 of the Code of Federal Regulations (C.F.R., Code of Federal Regulations), part 416.420. This means that any month's income determines your SSI benefit two months later. For example, income received in January affects the amount of the March SSI check. If, however, any month's income exceeds the maximum amount for any Supplemental Social Income, SSI for that month will be suspended. Therefore, if January's income is so high that your child is no longer eligible for SSI, January's SSI will be suspended. Your child is eligible for automatic reinstatement of benefits without filing a new petition if your income is low enough to make your child eligible for SSI in any of the next 11 months.2 Title 20 CFR Part 416.1323(b). If within 12 months your income does not drop enough for your child to be eligible for any additional social income, the suspension becomes a cessation of benefits. Title 20 CFR Part 416.1335. If your child's eligibility has been terminated, you will need to file a new petition in order for your child to be eligible for SSI again.

Obligation to report changes in parental income

In order for the Retrospective Monthly Calculation system to work, the Social Security Administration has a rule that you must notify the Social Security Administration of changes in your income by the 10th of the month following the month in which the change occurred. Section 20 CFR 416.708(c), 416.714.3 If your January income was higher or lower than your December income, you must report the change so that the Social Security Administration is aware of it by the 10th February - or better if before the 5th. You do not need to report if your income for January is the same as your income for December. When the Social Security Administration receives your January income statement, the Social Security Administration must enter the changes into the computer so that your March SSI check will be increased or decreased to reflect the change in your January income.

Below is a sample income statement form to help you meet your reporting obligations. We recommend that you partially complete the report form with the address of your department of the Social Security Administration and all the information in the heading "regarding". And then make more photocopies of the partially completed form.

For each month you have a change in income, write the date you signed the document, the month you are reporting for, and your income information at the bottom of the form. Then sign the form. Only one parent must sign the report form. Make a photocopy of the completed form or complete the second form and keep it as a copy. Attach photocopies of pay stubs or check stubs to the report form you send to the Social Security Administration. Attach the originals to the copy you keep. Do not send the originals of your pay stubs to the Social Security Administration, only photocopies.4 The Social Security Administration often loses items sent in the mail. Keep the original pay stubs and check stubs with a copy of your report form so that the Social Security Administration can review the originals during your annual review. Write the date the letter was sent on the copy of the income statement you keep.5 Keep a copy of any paperwork you send to the Social Security Administration.

In addition, keep a record of all your conversations with the Social Security Administration. Write down the date of the conversation, the name of the person you spoke to, and the content of your conversation. We recommend that you bind the documents you receive from the Social Security Administration with a 3-hole punch and make copies of all documents you send to the Social Security Administration. Keep all documents in a notebook or folder.

Cash and income not credited to children

The Social Security Administration does not count the following funds in the context of determining a child's eligibility for SSI benefits: these funds can be converted into cash. Title 20 CFR Part 416.1202(b).

Cash used to cover costs from revenue, such as the cost of small business inventory and a running bank account, or tools, equipment, or a second car used for work or needed to commute to work. Section 42 of the United States Code (U.S.C., United States Code), part 1382b(a)(3).

The Social Security Administration does not count the following income in determining a child's eligibility for SSI:

Income received by a parent for providing In-Home Supportive Services (IHSS) to a child with a disability. Income earned from IHSS Services does not count towards determining SSI eligibility. Title 20 CFR Part 416.1161(a)(16).
Income received through the IHSS Community First Choice Option (CFCO) program provided by a parent to a child is covered by Medi-Cal and income received by the parent is not considered in determining eligibility for Medi-Cal. In addition, income and funds that are considered in determining a child's financial eligibility for SSI benefits and the amount of the child's SSI check cannot be secondary to determining eligibility of other family members for Medi-Cal.6

For more information about the IHSS (IHSS Fair Hearing and Self-Assessment) program, see our IHSS Fair Hearing and Self-Assessment Information Pack: http://www.disabilityrightsca.org/pubs/501301.htm

Child Benefit Calculation

For instructions on calculating parental child benefit income, see 20 CFR 416.1160, 416.1161, and 416.1165. “Employed income” includes wages and salaries or income from self-employment. 7 Everything else is considered “unearned income”: gifts, unemployment benefits, state disability benefits, and social security benefits are examples of unearned income. You pool your parents' unearned income. You also combine the parents' earned income. Earned income is considered gross income, not what you bring home. Gross income is the amount you earn before any deductions.8

The Social Security Administration begins by deducting contributions for every child in the family who does not have a disability, except for a child on SSI or children with disabilities. Contributions are deducted first from any unearned income and then from earned income to the extent of the unused share of the contributions (see examples). The term "child" for deductions includes children under 21 living in the same household and 21-year-olds who are full-time students under the standards of Title 20 CFR Part 416.1861. The contribution for each non-disabled child is the difference between the individual Federal Benefit Rate (FBR) and the spousal FBR. (The federal benefit rate is the portion of the SSI check amount received from the federal government; the remainder of the SSI check amount is money received from the state.)9The own income of a child who does not qualify for benefits will reduce the amount of the contribution. However, if the ineligible child is a full-time student, the money earned will not be counted to the same extent as for a child or young adult under 22 receiving SSI benefits. Title 20 CFR 416.1112(c)(3), 416.1160(d), 416.1161(c), 416.1163(b), 416.1165, 416.1861.

After deductions for children without disabilities living in the home, there will be a deduction of $20.00 from any income not included in the income assessment. It is deducted first from unearned income (if any or remaining), and then from earned income to the extent of the deduction unused by unearned income. This is followed by special deductions from earned income - first $65.00 and then 50% of the balance. Then you add the remaining amounts of unearned and earned income. From the amount received, you deduct either individual FBR (for a single parent) or spousal FBR (if both parents or a parent and a foster parent are at home). The remaining amount is credited to the child with a disability as his or her unearned income. If there is more than one child with a disability in the family, the amount credited is divided between them.

A child's SSI benefit is determined in the same way as any other SSI recipient, with two exceptions. First, only two-thirds of the amount of child support is counted. Title 20 CFR Part 416.1124(c)(11). Second, if the child is a student and does not reach age 22 in 2016, the Social Security Administration does not credit the first $1,780.00 of earned income for each month up to an annual maximum of $7,180.00. 20 CFR 416.1112(c)(3).10 This is in addition to the deductions normally applicable to earned income.

Examples of applying the rules for calculating child credit

This note includes a worksheet template (see below). You are encouraged to make several copies of this worksheet and use them to calculate your child's SSI benefit amount. In addition to this, we have attached two worksheets completed according to examples "A" and "B". These calculations are based on 2016 benefit amounts. The numbers and letters below correspond to the numbers and letters on the Child Benefit Income Worksheet.

The January 2016 Individual Federal Benefit Rate is $733.00.	The January 2014 Individual Federal Benefit Rate was $721.00.	The January 2015 Individual Federal Benefit Rate is $733.00.
The January 2016 Spousal Federal Benefit Rate is $1,100.00.	The Spousal Federal Benefit Rate for January 2014 was $1,082.00.	The January 2015 Spousal Federal Benefit Rate is $1,100.00.
January 2016 income deduction for a non-disabled child is $367. 00.	The income deduction for a child without a disability for January 2014 was $361.00.	January 2015 income deduction for a non-disabled child is $367.00.
The January 2016 SSI benefit rate for a child with a disability is $796.40.	The SSI benefit rate for a child with a disability for January 2014 was $784.40.	The January 2015 SSI benefit rate for a child with a disability is $796.40.
The January 2016 SSI benefit rate for a child with blindness is $944.40.	January 2014 SSI benefit rate for a child with blindness was $932.40.	The January 2015 SSI benefit rate for a child with blindness is $944.40.

Example A: Mr. and Mrs. Apple have three children, including Adam, who is ill. Mr. Apple's gross earned income is $2,000.00 per month. Ms. Apple works part-time and earns $1,000.00 per month. They also receive an income of $30 per month from oil field leases.

Disclaimer: This publication is for legal information only and does not constitute legal advice regarding your individual situation. It is current as of the date of publication. We try to update our content regularly. However, laws change regularly. If you want to make sure the law hasn't changed, contact the DRC or another legal office.

1. Although the Social Security Administration considers a foster parent's income and money when determining SSI eligibility, the state agency's Medi-Cal (Medicaid) agency does not. Section 42 of the United States Code, Part 1396a(a)(17)(D). For a child, Medi-Cal only considers the income and money of the parent and child. If your child is ineligible for SSI because of the income and money of the foster parent, apply for Medi-Cal under the Federal Aging Program and for Children and Adults with Disabilities Living Below the Poverty Line (A&D FPL) , Federal Poverty Level for aged and for children and adults with disabilities). If your child is not eligible for Medi-Cal under the A&D FPL program, apply for Medi-Cal under the Aged, Blind, and Medically Needed Disability (ABD, aged-blind-disabled). You can apply for Medi-Cal at your county department of social assistance. To ensure that the appropriate rules are applied, explain that your child is subject to the Sneede case (title of lawsuit).
2. To renew your child's SSI benefits, write or go to your local Social Security Administration office and let them know that your income has decreased or that your money is now within the Social Security Administration limits to qualify for benefits. . Attach proof that your income has decreased or that your money is now within the limits set by the Social Security Administration to qualify for benefits. You must specifically request a reinstatement of SSI benefits. If you are requesting recovery by mail, we advise you to do so by certified mail.
3. You must report more than just income changes. See Title 20 CFR § 416. 708. You must also tell the Social Security Administration if you move, if your child with a disability or children without a disability moves house, if a parent gets married or a parent moves out of home, or if your child with a disability moves to a residential facility. institution.
4. Some parents told us that they were told at the local offices that the Social Security Administration does not accept photocopies. This is not true. In the income change letter, you swear under penalty of perjury that the photocopies are exact copies of the original documents
5. Some families tell us that they were told at their local office of the Social Security Administration that they were not required to submit monthly income statements, that the Social Security Administration would make adjustments after the fact during the annual review. This is sometimes true, in cases where the Social Security Administration arranges for your benefits to be adjusted according to anticipated changes in your income. If you receive benefits once a week, you will receive five checks in some months instead of four; if you get biweekly benefits, twice a year you will get three checks a month instead of two. During the annual review, the Social Security Administration may make anticipated changes in your income for the following year in its program. However, if you do not receive written approval from the Social Security Administration that you do not need to report changes in your income, you must report changes in your income. If you don't and end up with extra pay, the Social Security Administration will blame you because you didn't notify them of the change in your income.
6. Title 42 of the United States Code, Part 1309, C.C.R., California Code of Regulations, Title 22, Part 50555.1. In the case of the Apple family members in Example A on page 8, the other two children would be eligible for Medi-Cal benefits from zero income. Parents may not be eligible if both of them are working. If there is only one parent in the family, or if one of the parents is unemployed or underemployed, or has a disability, including a temporary one, the parents may also be eligible for Medi-Cal coverage. If a parent receives an IHSS program to care for a child with a disability, that income is not considered in determining the child's financial eligibility for SSI, and under the IHSS First Choice of the Public program, this income is also not considered in determining Mediation eligibility. -Cal of any other members of this household.
7. If you are self-employed, the Social Security Administration will want to know your adjusted gross income. Title 20 CFR Part 416.1110(b). Bring last year's income tax return to the Social Security Administration along with your gross income for this year. The Social Security Administration will count your income tax return for last year along with your gross income for this year. The Social Security Administration will use your last year's income tax return as the basis for estimating your adjusted gross income for this year. If your gross income for the past year was $40,000 and your adjusted gross income (the amount you paid in taxes after IRS-allowed business deductions) was $18,000, or 45% of your gross income, the Social Security Administration calculates that your adjusted gross income this year will be 45% of your gross income for that year. Because self-employment income is determined on an annual basis and then spread out evenly over 12 months under section 20 CFR 416.1111(b), you will be using adjusted estimates when filing your tax return. The Social Security Administration does not consider real estate necessary to cover costs from proceeds, including for employees, as a monetary resource. Section 42 of the United States Code, Part 1382b(a)(3). This may include inventory, computers, farm equipment and livestock, agricultural land, separate business trading accounts, buildings, a fishing boat, and a car you use to work or need to commute to work. and back.
8. Some employers have benefit plans that allow you to put money into a special account to pay for child care or medical care under Section 125 of the Internal Revenue Code. Such plans are often referred to as "cafeteria plans". Money set aside in these accounts and used to pay for eligible benefits is not considered "income" because you don't pay Social Security taxes on it. Title 20 CFR Part 404.1054. To determine your eligibility for SSI benefits, your gross earned income is your gross income minus money set aside in the Benefits Cafeteria. However, cash receipts deposited in a tax-exempt retirement account are considered income. The money in the parent's retirement account is a deductible resource that is not credited to the child. Title 20 CFR Part 416.1202(b).
9. Because of the retrospective monthly calculation (see pages 1-2), the November and December income calculations must use the following year's Federal Benefit Rate. This is because the SSI check received in January and February must reflect income received and credited to the child in November and December of the previous year.
10. Annual and monthly maximums increase each year by the amount of the annual cost of living allowance. Title 20 CFR Part 416.112(c)(3)(B). Regulations provide flexibility and accommodation for health conditions in defining a child or young adult as a student in the context of a deduction from earned income. Title 20 CFR Part 416.1861. These legal acts can be found in state libraries. They can also be found on the Social Security Administration website: www.ssa.gov. Once on the Social Security Administration website, click on the "Our Program Rules" link on the right side of the page.

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