What Is A Learning Disability
A learning disability is a kind of learning problem. It happens when a person with average or above-average abilities for thinking and reasoning has trouble learning certain skills.
- Is a specific difficulty in one area
- Can range from mild to severe
- Is not the same as an intellectual disability . An intellectual disability causes learning problems in many areas.
What Happens When You Request A Hearing
Your childs disability file is sent to the hearing office that handles the borough where you live. Eventually, you will receive a notice of hearing with a date and time to appear at the hearing where you will get the chance to explain to the judge why you feel that your child is disabled.
It may take a long time before your childs hearing is scheduled. While you wait, your child should continue to go to treatment and should comply with the treatment.
Due to the COVID-19 pandemic, currently hearings are being held by telephone. You have the right to say you dont want to have a hearing by phone and wait instead for an in-person hearing. It might be a long time before in-person hearings are held. Soon, SSA will start to have video hearings instead of telephone hearings.
Incentives That Help You Go To School Work And Save
SSI and many other government benefits programs have strict limits on how much income and savings you can have. If you go over the limits, you will no longer get benefits. The problem is that sometimes these limits end up preventing people from working and saving.
When the government realized that these limits were actually stopping people from getting jobs, saving money, and living better, they created work incentives like the Student Earned Income Exclusion , Plans to Achieve Self-Support , Individual Development Accounts and ABLE Accounts that help you earn and save money without losing your benefits.
Infants And Toddlers With Severe Developmental Delays
Because of the difficulty in diagnosing IQ in infants and toddlers under three, Social Security doesn’t use the intellectual disorder listing for children of this age. Instead, Social Security has listing 112.14, for Developmental Disorders Infants and Toddlers. To qualify for SSI under the listing, an infant must have a condition that causes significant delays in functioning. In infants, physicians may look for symptoms like failure to feed properly, failure to mimic or engage in facial expressions, and severe under- or over-reactions to sounds or sights.
Specifically, the listing requires that the child have a delay or deficit in the development of age-appropriate skills and an extreme limitation of one of the following developmental abilities, or a severe limitation of two:
- controlling motor movement
- interacting with others
- regulating physiological functions, attention, emotion, and behavior.
Social Security uses this listing to evaluate disorders such as developmental coordination disorder, separation anxiety disorder, sensory processing disorder, and general developmental delay.
Filing A Benefits Claim For Children Of Disabled Parents
Youcan file for dependents benefits for your child at the same time that you filefor disability benefits for yourself, or you can do so separately. If yourdisability claim has already been approved, call the Social SecurityAdministration at 772-1213 to set up an appointment to get the child’sinsurance benefit. You’ll likely have to fill out an application at your local SSA office, but an SSA repersentative can provide you with some assistance in applying. You must provide the SSA with your child’s birth certificate, boththe disabled parent’s and the child’s Social Security numbers, and your bank’srouting information for direct deposit. If you are applying for survivors benefits, you will also need to provide proof of the parent’s death for example, by bringing a death certificate.
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Student Earned Income Exclusion
Usually, if you make too much money, your SSI benefits will either go down or be stopped altogether. There are some exceptions to this rule, however, which SSI calls exclusions.
One of those exclusions is the Student Earned Income Exclusion . This exclusion allows students to earn up to $1,930 per month, and up to $7,770 per year, without having those wages count as part of their countable income.
In order to qualify for the SEIE, you have to be under 22, working, and regularly attending school. That usually means you have to go to school more than:
- 8 hours a week for college students
- 12 hours a week for grades 7-12, or
- 12-15 hours a week for employment training.
You make $1,050 per month at a summer job. During the school year, you also make $350 each month at a work-study job. Since the money you make doesnt exceed the monthly and annual limits for the SEIE, your SSI benefits wont go down at all.
If you drop out of school, you will no longer get the SEIE, and you will get a smaller benefits amount than you would if you had stayed in school. Stay in school! Youll get more money thanks to the SEIE, and when you graduate, youll get a higher paying job thanks to your degree!
Do People With Adhd Qualify For The Disability Tax Credit
Guidelines for the Disability Tax Credit recently expanded to include a broader definition of disability. Now, people with invisible disabilities and mental impairments are eligible to apply for the tax program too.
A diagnosis does not imply a person living with a disability will receive the credit instead, consideration is given to how the disability affects his or her daily life. Therefore, some people with attention deficit hyperactivity disorder have received Disability Tax Credit benefits over the years.
If someone is diagnosed with ADHD and displays behaviour that disrupts his or her life, then qualifying for the Disability Tax Credit may be possible. Understand situations where this might be the case and decipher between severe and mild ADHD. There is financial support for people with this invisible disability the Disability Tax Credit may be one option.
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Do You Qualify For The Child Disability Benefit
Former CRA Tax Expert Barry Ho specializes in helping Canadian families qualify for and claim their Disability Tax Credit and then claim the Child Disability Benefit. The Child Disability Benefit is designed to financially help families care for a child or children with disabilities who are under the age of 18.
Contact Barry online or call 1-855-546-9199 to see if you qualify for the Disability Tax Credit and Child Disability Benefit. All calls are private, confidential and do not cost you anything.
Real Child Disability Benefit Recipients
As a caregiver for my grandson with ADD, Barry helped me get $18,000 for his condition. I am also getting CDB Monthly.
Refund Received: $18,000 + Monthly CDB
Consider Language Communication Mode And Culture
Another important component in evaluation is to ensure that assessment tools are not discriminatory on a racial or cultural basis. Evaluation must also be conducted in the childs typical, accustomed mode of communication and in a form that will yield accurate information about what the child knows and can do academically, developmentally, and functionally. For many, English is not the native language others use sign to communicate, or assistive or alternative augmentative communication devices. To assess such a child using a means of communication or response not highly familiar to the child raises the probability that the evaluation results will yield minimal, if any, information about what the child knows and can do.
Specifically, consideration of language, culture, and communication mode means the following:
- If your child has limited English proficiency, materials and procedures used to assess your child must be selected and administered to ensure that they measure the extent to which your child has a disability and needs special education, rather than measuring your childs English language skills.
Timeframe For Initial Evaluation
Lets move on from the prerequisites for initial evaluation to the actual process of initial evaluation and what the law requires. Let us assume that parents informed consent has been given, and its time to evaluate the child. Must this evaluation be conducted within a certain period of time after parents give their consent?
Yes. In its reauthorization of IDEA in 2004, Congress added a specific timeframe: The initial evaluation must be conducted within 60 days of receiving parental consent for the evaluationor if the state establishes its own timeframe for conducting an initial evaluation, within that timeframe.
What Exactly Is Childrens Supplemental Security Income
Supplemental Security Income for Children should not be confused with Social Security Disability Insurance, which is a separate program with different qualifiers. SSI, which is sometimes referred to as disability benefits, provides monthly cash payments to approved individuals and families through a federal Social Security program.
Every family with a disabled or special medical needs child can use all the support possible. But its important to note that Childrens Supplemental Security Income is only for families that fall within specific income and asset limits. The amount of monthly payment is based upon the federal SSI payment amount for the year, but can be reduced based on a stringent income calculator. For the year 2021, the maximum monthly federal SSI benefit for an individual is $794.
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Interpreting The Ontario Code The Need For A Disability
The Supreme Court also noted that, apart from the above conclusion, the cause and origin of the handicap, to use the term in the Quebec Charter case before it, were not relevant:
It is important to note that a handicap may exist even without proof of physical limitations or the presence of an ailment. The handicap may be actual or perceived and, because the emphasis is on the effects of the distinction, exclusion or preference rather than the precise nature of the handicap, the cause and origin of the handicap are immaterial. Further, the Charter also prohibits discrimination based on the actual or perceived possibility that an individual may develop a handicap in the future.
Can A Child Get Ssdi If The Parent Is Disabled
If you are approved for SSDI, your child or children may get benefits. When you qualify, your children will also be eligible in many cases. The benefit amount available to your children will depend on how much you paid in, your benefit amount, and the number of qualifying family members you have.
If you have only one child, your child will likely receive about half of your monthly Social Security Disability Insurance benefits. Your children will not get additional benefits based on any Supplemental Security Income payments you receive.
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If You Get Ssi And Are Turning 18
If you get SSI and then you turn 18, the biggest change in SSI eligibility rules is that you are considered an adult, not a child. When SSI decides whether you have a disability, SSI will not use their definition of disability for children. Instead, as an adult, SSI looks at your ability to work, not just your physical or mental limitations. That means that some people stop getting SSI benefits after they turn 18.
During the first year after you turn 18, SSI will automatically check to see if they still consider you disabled. This is called the SSI Age-18 Redetermination. They will say you have a disability if:
- You have a physical or mental impairment or combination of impairments
- Your impairments limit your ability to work, and
- Your condition has lasted or is expected to last for at least 12 months.
SSI may also look at your work and school record to see if you are able to work and may even talk to your teachers, counselors, or employers.
If you are going through the SSI Age-18 redetermination, Social Security may consider you to have a disability, even if you are working and earn less than $1,310 per month.
If you were not getting SSI before you turned 18 and you apply for SSI as an adult, Social Security may consider you to have a disability if you are working, but only if you make less than $1,310 per month, if you aren’t blind. If you are blind, you could earn much more.
If you have any questions about this, talk to a benefits planner.
Applications Filed Around Age 18
Given the substantial change in the treatment of parental earnings once an applicant reaches age 18, it is useful to understand how many youths apply before and after that threshold, how quickly they tend to apply afterward, and whether their characteristics differ according to age at application. As expected, the age distribution of SSI applicants clearly spikes in the month of turning 18 . In each of the years studied, SSI applications were filed in roughly equal numbersgenerally about 1,350by applicants in most of the 12 months preceding their 18th birthday. That number crept upward for applicants in the final months before their 18th birthday, likely reflecting individuals exiting foster care or other special circumstances. The number spiked to about 13,500 applications filed for individuals within a month of turning 18. Applications numbered roughly 3,000 for individuals in each of their remaining months at age 18. The number blipped slightly upward to about 3,300 for youths applying in the month they turned 19 and then declined until leveling off at around 2,800 for those applying as they approached age 20. Some of the increase in applications after age 18 may result from return to the program after the age-18 redetermination.
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Benefits For A Disabled Child
A child under age 18 may be disabled, but we don’t need to consider the child’s disability when deciding if he or she qualifies for benefits as a dependent. The child’s benefits normally stop at age 18 unless he or she is a full-time student in an elementary or high school or is disabled.
Children who were receiving benefits as a minor child on a parents Social Security record may be eligible to continue receiving benefits on that parents record upon reaching age 18 if they are disabled.
Applying For Ssi Benefits Forchildren
When you apply for SSI payments for your child, you must complete an Application for Supplemental Security Income and a Child Disability Report. Youll be asked for detailed information on their medical condition or conditions and how it affects their quality of life.
Some medical conditions qualify for immediateSSI payments, including:
- Total blindness
- Down syndrome
- Muscular dystrophy
The Social Security Administration sendsyour application to the Disability Determination Services office in your state.Once the state agency reviews the information, they typically take three tofive months to decide if your child is eligible for SSI payments. Because SSIis funded by general tax revenues, the amount of SSI payments can vary fromstate to state.
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General Disability Requirements For Children
Before we can talk about how the Social Security Administration evaluates claims for growth impairments, its important to go over the more general requirements which apply to all children regardless of which health condition is involved.
Your child must meet the following criteria:
Okay So What Is The Disability Tax Credit
The DTC acts as a non-refundable tax credit used to reduce the amount of income taxes the family/individual needs to pay annually. When you claim the Disability Tax Credit for yourself or an adult you care for, you receive a base amount.
The Child Disability Tax Credit is a credit based on the taxes you pay every year. You cannot claim the Child Disability Tax Credit if you have not filed taxes for that year, or do not have taxable income for that year.
When you claim the Child Disability Tax Credit, you will receive the base amount from the Disability Tax Credit and a supplemental amount in addition to the base amount.
Great! So now we know what the credits are.
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Threshold Medical Eligibility Requirements
Once the income requirements are met, a child must meet the basic medical eligibility requirements of SSI to be considered for benefits. The child must meet these requirements.
- The child has “marked and severe” functional limitations. These limitations are ones that severely interfere with the child’s ability to function at the level of other children of the same age.
- The child has been disabled for the past 12 months, or is expected to be disabled for 12 months or more, or has a disability that is expected to result in death.
- The child is not working and earning over about $1,200 per month.
Unlike adults, children do not need to prove that they are unable to return to work. For SSI for children, the SSA’s initial review includes the severity of the child’s impairments and whether the child is working a significant amount. The SSA then makes a decision whether or not the child’s functional limitations are severe enough to move forward into a full disability determination.
Is Your Condition Found In The List Of Disabling Conditions
For each of the major body systems, we maintain a list of medical conditions that we consider severe enough that it prevents a person from doing substantial gainful activity. If your condition is not on the list, we have to decide if it is as severe as a medical condition that is on the list. If it is, we will find that you are disabled. If it is not, we then go to Step 4.
We have two initiatives designed to expedite our processing of new disability claims:
- Compassionate Allowances: Certain cases that usually qualify for disability can be allowed as soon as the diagnosis is confirmed. Examples include acute leukemia, Lou Gehrigs disease , and pancreatic cancer.
- Quick Disability Determinations: We use sophisticated computer screening to identify cases with a high probability of allowance.
For more information about our disability claims process, visit our Benefits For People With Disabilities website.
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