Can a Child Get Disability Benefits?

Like adults, children who are under the age of eighteen (18) and who are disabled within the meaning of the law may be entitled to disability benefits from the Social Security Administration (SSA). 

SSA's Definition of Disability for Children

The standard for qualifying for disability benefits for children differs from that of adults.  In order for a child to meet the definition of disability, you must show the following:

• The child has a physical and/or medical impairment (or a combination of impairments) that:
  • Cause marked and severe functional limitations; and
  • Has lasted, or is expected to last, at least one (1) year, or to result in death
• The child is not working at a job that is considered to be substantial work (or in which he or she makes more than $1,010 per month).

If your minor child meets this standard, then the SSA may award him or her children’s disability benefits, or Supplemental Security Income (SSI), which he or she will receive on a monthly basis.  

Limitations on Children’s Disability Benefits

Even if a child qualifies for SSI benefits on the basis of his or her medical condition, he or she still may not be entitled to receive those benefits.  In order to receive SSI benefits for a child, the child’s household income and resources must fall beneath a certain level. 

The amount of SSI benefits to which a disabled child is entitled may differ according to the child’s household income and resources.  Plus, SSI benefits for children vary from one state to the next, as some states add on to the amount of SSI that the SSA provides for disabled children. 

Applying for Children's Disability Benefits

In order to apply for children’s disability benefits, you must fill out an application providing basic information about your child and his or her medical condition(s).  You also must sign release of information forms that permit SSA to obtain your child’s school and/or medical records.  If you already have your child’s school and/or medical records in your possession, you should provide a copy of them to SSA in order to speed up the review process.  All of your information is then submitted by your local SSA office to your state’s Disability Determination Services office.  That office may also request that your child undergo additional tests and/or medical examinations. 

Although it can take from three (3) to six (6) months to get a decision from the Disability Determination Services office, SSA will go ahead and pay SSI benefits for up to six (6) months while a decision on your case is being made in certain circumstances.  For instance, if your child has one of the following medical conditions, he or she may qualify for immediate SSI benefits:

• HIV infection
• Blindness / deafness
• Cerebral palsy
• Down’s Syndrome
• Muscular dystrophy
• Severe mental retardation
• Birth weight below 2 pounds, 10 ounces

Talk to a Lawyer for Assistance

If you are having difficulty obtaining SSI benefits for your disabled child, you may wish to contact an attorney who specializes in Social Security disability law for assistance.  An attorney will be able to help you through the application process, and/or appeal any denials of benefits that your child might receive.