Children’s Disability Claims Lawyer Florida
Caring for a child with a disability can be both emotionally and financially challenging, especially when additional support is needed to cover medical and living expenses. Filing for Social Security Disability benefits on behalf of your child can provide crucial assistance, but the process is often complex. At Donaldson & Weston, our knowledgeable children’s disability claims lawyer is here to help you navigate every step, ensuring your application is as strong as possible. Call us today at 772-617-0243 for a free consultation and let us help you pursue the benefits your child deserves.
Navigating the Social Security Disability Process for Children with Disabilities
The Social Security Disability process can be challenging for anyone, but when it comes to children with disabilities, the application process becomes more complex. Parents and caregivers often face additional hurdles while trying to secure the support their child needs. Understanding the basics of how the Social Security Disability (SSD) system works for children with disabilities is key to getting the right benefits.
Who Qualifies for Social Security Disability Benefits for Children?
To qualify for Social Security Disability benefits, a child must meet specific criteria. The two main eligibility requirements are based on medical conditions and the severity of those conditions. The Social Security Administration (SSA) has clear guidelines for determining if a child is disabled under their definition.
The Disability Must Be Severe
The SSA defines disability for children similarly to adults, though the criteria take into account the child’s age and development. The disability must be severe enough that it limits the child’s ability to function in daily life. These limitations must be expected to last at least 12 months or result in death.
SSA will assess how the disability affects the child’s ability to perform tasks like walking, talking, playing, and interacting with others. The condition must impact at least two of these major functional areas:
- Physical functioning (such as mobility and endurance)
- Cognitive functioning (such as the ability to think, learn, and pay attention)
- Behavioral functioning (such as ability to interact socially and manage emotions)
The Condition Must Be on SSA’s Listing of Impairments
The SSA has a specific list of medical conditions that they recognize as qualifying disabilities. This is known as the Listing of Impairments, and it includes a variety of physical and mental health conditions, including but not limited to:
- Autism spectrum disorder
- Down syndrome
- Cerebral palsy
- Muscular dystrophy
- Intellectual disabilities
- Seizure disorders
- Severe vision or hearing loss
- Chronic conditions like asthma, diabetes, or heart disease
For a child to qualify, the medical condition must meet the SSA’s standards in terms of severity. The SSA also evaluates the child’s functional limitations to ensure that the disability prevents them from performing normal age-appropriate activities.
How the Application Process Works
Applying for Social Security Disability benefits for a child is different from applying for an adult. The application process can seem overwhelming, but knowing the steps involved can help you stay organized.
Application Submission
The first step is to submit an application for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits. Children typically qualify for SSI if their family income is below a certain threshold. SSDI is available if a child’s parent has paid enough into Social Security and meets other criteria.
The application can be completed online, by phone, or at your local Social Security office. You’ll need to provide documentation, including:
- Medical records that detail the child’s diagnosis and treatment
- A complete list of the child’s medications
- Information about how the disability affects the child’s ability to perform daily activities
- Details of the child’s school performance or any special education services received
You may also be asked to provide proof of income, household size, and any other financial information that may affect the eligibility for benefits.
Evaluation of the Application
After submitting the application, SSA will review the provided information. This includes medical records, educational reports, and functional assessments. The SSA may ask for additional evidence, including opinions from doctors or teachers.
The review process can take several months, and many applicants face delays. The SSA will determine whether the child’s disability meets their eligibility criteria. If the child’s condition does not meet the SSA’s standard or if there isn’t enough evidence to show how the condition limits the child’s ability to function, the claim will likely be denied.
Appeals Process
If your child’s claim is denied, it’s important not to give up. The majority of SSD claims for children are initially denied, but an appeal gives you the opportunity to present additional information or challenge the decision.
You can file an appeal, which involves several steps:
- Reconsideration: The first step after denial is to request reconsideration. A different SSA reviewer will re-evaluate the case.
- Hearing: If reconsideration doesn’t result in approval, you can request a hearing before an administrative law judge (ALJ). The hearing allows you to present your case in person and provide additional evidence.
- Appeals Council: If the judge denies your claim, you can appeal to the Appeals Council for a further review.
Each of these steps can take months, so it’s essential to be patient and prepared for the time-consuming nature of the process. During the appeal, having legal representation can make a significant difference in ensuring that your case is presented effectively.
How Legal Representation Can Help
The SSD process for children can be complex, especially when dealing with medical and functional criteria. Hiring an experienced Social Security Disability lawyer can improve your chances of approval and help you avoid mistakes that may delay your case.
A lawyer can assist with:
- Understanding the criteria: They will help ensure that your case meets the specific SSA requirements and guide you through the documentation process.
- Gathering medical evidence: An attorney can help you obtain the necessary medical records, letters from doctors, and other supporting documents that show the severity of the child’s disability.
- Handling the appeals process: If your claim is denied, an attorney can help you file an appeal and represent you at hearings.
- Expert testimony: If necessary, your lawyer can help bring in medical experts or vocational specialists who can testify about the child’s condition and functional limitations.
While you can handle the process on your own, an experienced lawyer can help ensure that your case is as strong as possible.
What to Expect After Approval
If your child’s claim is approved, they will begin receiving monthly benefits. The amount of SSI or SSDI benefits depends on several factors, including the family’s financial situation and whether the child qualifies for SSI based on their parent’s work history.
Once your child starts receiving benefits, they will continue to be evaluated periodically. The SSA may reassess the child’s condition to see if the disability still qualifies under their standards. In some cases, they may request updated medical records to ensure that the child’s disability has not improved to the point where it no longer qualifies for benefits.
Experienced Children’s Disability Claims Attorney
Securing Social Security Disability benefits for your child can be a complicated and emotional process, but you don’t have to navigate it alone. At Donaldson & Weston, our compassionate children’s disability claims attorney is here to help you every step of the way, from gathering the necessary documentation to ensuring the best possible outcome. We are committed to helping you secure the benefits your child deserves. Call us today at 772-617-0243 for a free consultation, and let us take the first step toward getting the support your family needs.
