Children’s Disability Claims Lawyer Stuart

Adult holding child's hand in green field

Raising a child with a disability in Stuart can present unique challenges, including managing medical costs and daily care expenses. Social Security Disability benefits may provide the financial support your family needs, but applying for these benefits can be a complicated process. At Donaldson & Weston, our experienced children’s disability claims lawyer is here to guide families through every step of filing and appealing claims. Call us today at 772-617-0243 for a free consultation and learn how we can help secure the resources your child deserves.

How to File a Social Security Disability Claim for Your Child

When a child faces significant physical or mental health challenges, it can affect their ability to function day-to-day. This can lead parents to consider filing for Social Security Disability benefits on their child’s behalf. The Social Security Administration (SSA) offers a program called Supplemental Security Income (SSI) for children with disabilities. However, the process of applying for benefits for a child can be complicated and often requires careful attention to detail.

Understanding SSI for Children

SSI is a federal program that provides financial assistance to individuals who have limited income and resources and are unable to work due to a disability. Unlike Social Security Disability Insurance (SSDI), which requires the person applying for benefits to have worked and paid into Social Security, SSI is available to both children and adults with disabilities. The key factors in qualifying for SSI are the nature and severity of the disability and the financial situation of the child’s family.

In the case of children, SSI provides benefits to those under 18 who have disabilities that are severe enough to limit their ability to participate in age-appropriate activities. These disabilities must be expected to last at least 12 months or result in death. The child must also meet specific medical and financial eligibility criteria.

Determining Eligibility

To qualify for SSI, the child must meet two primary requirements: they must have a qualifying disability, and the family must meet the financial criteria set by the SSA.

Qualifying Disability

The SSA uses a detailed “blue book” listing that defines which medical conditions and disabilities are eligible for benefits. For children, the SSA looks at how a disability impacts their ability to engage in everyday activities. Conditions that may qualify include:

Physical disabilities (e.g., cerebral palsy, muscular dystrophy)
Mental health disorders (e.g., autism, severe ADHD, intellectual disabilities)
Sensory disorders (e.g., blindness or deafness)
Severe chronic conditions that limit the child’s ability to move, communicate, or learn

It’s important to note that the SSA will evaluate the severity of the disability and how it interferes with the child’s ability to function. For example, a child with ADHD may be eligible if their condition significantly limits their ability to perform age-appropriate tasks.

Financial Eligibility

The SSA will also evaluate the family’s income and assets to determine eligibility. For children, the financial eligibility is based on the parents’ income and resources, not the child’s. There are strict limits on how much a family can earn or own in assets (such as savings, real estate, and other property) to qualify for SSI.

As of 2025, the income limit for SSI is set at approximately $2,000 for an individual. However, the specific amount may vary based on other circumstances. Families who earn above this threshold typically do not qualify for SSI, although there are exceptions for certain types of income.

The Application Process

Filing for SSI benefits for your child can seem overwhelming, but breaking the process down into steps can help. Here’s a general overview of what you can expect when filing a claim:

Step 1: Gather Required Documentation

Before applying, you’ll need to collect various documents that show your child’s eligibility. Some of the most important documents include:

Proof of identity: Birth certificate, Social Security card, or other government-issued identification for your child.
Medical records: Detailed reports from doctors, therapists, or specialists who have treated your child’s condition. These reports should explain the severity of the disability, the treatment plan, and the long-term outlook.
Educational records: If your child is of school age, you may need to provide school records that show how the disability impacts their ability to learn and participate in class activities.
Income and asset documentation: Proof of your family’s income, including tax returns, pay stubs, and bank statements, as well as a list of assets (e.g., savings accounts, property, etc.).

It’s crucial to provide as much detailed and specific information as possible. The SSA needs to fully understand the child’s condition and the impact it has on their daily life.

Step 2: Complete the SSI Application

You can apply for SSI online through the SSA’s website, by phone, or by scheduling an appointment at your local SSA office. Most parents prefer to apply online, as it can be done from the comfort of their home and allows you to save time.

The application will ask for basic information about your child, their medical condition, and your family’s financial situation. You will need to describe how the disability limits your child’s ability to function and the types of medical treatments they are receiving.

In addition to the application form, you will likely need to fill out a Disability Report for Children, which asks specific questions about your child’s condition and how it affects their ability to perform daily activities.

Step 3: Submit the Application and Wait

Once you’ve completed the application, you’ll submit it to the SSA, who will review it along with all the supporting documents. The processing time for SSI claims can be lengthy, often taking three to five months or more. During this time, the SSA may request additional information or clarification about your child’s condition.

In some cases, the SSA will request a consultative examination (CE), which is an independent evaluation conducted by a doctor selected by the SSA. The CE helps the SSA assess the severity of your child’s disability.

Step 4: Receiving the Decision

After reviewing your application and any additional information, the SSA will make a decision. If the claim is approved, your child will begin receiving benefits. If the claim is denied, you have the right to appeal the decision.

What to Do If Your Claim Is Denied

It’s unfortunately not uncommon for SSI claims to be denied, especially when it comes to children. If your child’s claim is denied, don’t give up. There are multiple levels of appeals you can pursue, including:

Requesting reconsideration: If your claim is denied, you can ask for a review by a different SSA examiner. This step usually involves submitting additional evidence or clarification.
Requesting a hearing: If reconsideration doesn’t lead to approval, you can request a hearing before an administrative law judge (ALJ). The ALJ will review your case and may hold a hearing where you can present more evidence.
Appealing to the Appeals Council or federal court: If the hearing results in a denial, you can take your case to the SSA’s Appeals Council or even pursue a federal court lawsuit.

The appeals process can be lengthy and complicated, but working with a Social Security Disability attorney can help you navigate the process more effectively.

Tips for Strengthening Your Claim

To improve your chances of approval, here are some tips:

Provide detailed medical evidence: Ensure that your child’s medical records provide a clear picture of their disability, including treatment plans, prognosis, and the limitations it causes.
Document functional limitations: Be specific about how the disability affects your child’s daily life. Describe their ability to attend school, play with peers, and complete normal activities for their age.
Keep records up-to-date: If your child’s condition changes, make sure to provide updated medical records and reports to the SSA. The more comprehensive your documentation, the better.

Trusted Children’s Disability Claims Attorney in Stuart

Navigating the Social Security Disability process for your child can be overwhelming, but with the right support, you can secure the benefits your family needs. At Donaldson & Weston, our dedicated children’s disability claims attorney in Stuart is here to guide you through each step, ensuring that your claim is handled with the care and attention it deserves. Call us today at 772-617-0243 for a free consultation, and let us help you get the support your child is entitled to.