A Person With A Learning Disability May Be Eligible For Ssdi Or Ssi
It is often challenging to be approved for Social Security Disability Insurance or Supplement Security Income , particularly if you file an application without the assistance of an experienced Social Security disability benefits attorney. Understanding what the Social Security Administration will and will not accept as a disability can be difficult, particularly if you are already struggling with the effects of the disability.
Many Americans both children and adults have been diagnosed with learning disabilities. Depending on the severity of the condition and its impact on an individuals life, a learning disability may qualify an individual for SSDI or SSI.
For children with learning disabilities, the SSA will analyze limitations in a childs ability to acquire and use information, attend and complete tasks, interact socially, move and manipulate objects, handle their own self-care, or health and physical well-being. According to a skilled Social Security disability benefits attorney, this examination may involve reviewing a childs IQ test, IEP or 504 plan, school reports, and progress notes from medical professionals.
At PLBSH, we have significant experience helping people with disabilities obtain benefits. Contact our office today at 435-7542 or to learn more about how we can help you.
Getting Help From The Ssa
The Social Security Administration will calculate the child’s benefit by looking at the disabled parent’s average indexed monthly earnings and primary insurance amount to come up with the amount of the child’s monthly benefit check, and then reduce it if the sum of the benefits for the disabled parent, the children, and spouse combined goes over the family maximum. Call the SSA office for help applying for the child’s benefit at 772-1213 be prepared to give the SSA the disabled parent’s Social Security number and the minor child’s Social Security number.
Disabled Adult Child’s Benefit
If a child is disabled, or a young adult becomes disabled before the age of 22, he or she can collect benefits through this same program rather than on the child’s own earnings record, which may be nonexistent or insufficient, or through SSI , which can provide significantly lower benefits than SSDI.
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Ssdi Dependency Benefits Often Exceed Child Support
It is not uncommon for the SSDI dependency benefit to exceed the presumptive child support order. In other words, the child support guidelines might call for the disabled parent to pay $150.00 per week in child support, when the custodial parent is actually receiving $200.00 per week in SSDI dependency benefits. This raises this question: Has the custodial parent been overpaid? Should the disabled parent receive a $50.00 rebate for the difference between the child support order and the dependency benefit received by the custodial parent? In a word, the answer is no.
Under federal law, the custodial parent keeps the entire dependency benefit, even if the dependency benefit exceeds the Courts child support order. Because the dependency benefit from SSDI is substantial, this often means that the custodial parent will receive more financial support from a disabled parent than he or she would have received if the non-custodial parent was healthy and working.
In contrast, the disabled parent faces a considerably tighter financial position: Instead of having the full income they receive if healthy and working, he or she must survive on the individual SSDI benefit, which may be a fraction of what he or she could make through employment.
How Does The Ssa Evaluate Parental Income
The amount of money each child receives in SSI support is subject to reduction if the parents are deemed to earn more than the federal maximum threshold.
The SSA encourages parents of beneficiaries to continue earning income by staggering its program reductions at a 2-to-1 ratio. Thus, the SSA reduces SSI benefits by $1 for every $2 the parents earn from other sources. Parents incomes are largely determined using self-reporting at the time an application is submitted. The reported amounts may be checked against tax returns, paystubs and other proof of income documents.
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Retroactive Payments For Child Disability Tax Credit And Child Disability Benefit
When you are approved for your childs Disability Tax Credit and Child Disability Benefit, you will be able to receive up to the amount 10 years before of both as a retroactive payment. The CRA reassesses you taxes for the previous ten years then decides which years you are eligible for both programs and will pay you the corresponding tax credit amount and disability benefit amounts.
NOTE: Denial of Benefits
The CRA reserves the right to decline Child Disability benefits based on the information you have submitted. In such cases you have the right to amend your application by submitting additional relevant information. In order to successfully appeal the CRAs decision, we highly recommend that you provide clear and concise new information, as well as ask your childs medical practitioner to thoroughly certify his or her condition.
So in summary, if you are eligible for the Child Disability Tax Credit, you can receive:
- A retroactive lump sum refund for up to the past 10 years that is the total of the Disability Tax Credit refunds for taxes paid during eligible years
- The CDB payments for up to the past 10 years. You will first receive retroactive payment for the previous two years of the benefit. You will need to submit a written request for the remaining amount.
- A yearly DTC refund based on your paid taxes when you file your income tax.
- A monthly CDB payment that is added to the Canada Child Benefit payment you are already receiving.
To Continue Getting Benefits
You must remain eligible for the CCB and your child must also remain eligible for the DTC.
To avoid delays or interruption in your benefit payments, you need to do your taxes on time every year, even if you had no income at all or your income is tax exempt. If you have a spouse or common-law partner, they also need to do their taxes on time every year. The CRA uses the information from your income tax and benefit return to calculate your benefit and credit payments.
To make sure you are getting the right amount of benefits and credits, you must also keep your personal information updated with the CRA.
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Apply For A Child Aged 18 To 25 In Full
Students aged 18 to 25 who are applying for or renewing their childrens benefit are required to have the Declaration of Attendance at School or University signed by the registrar at the educational institution they are attending. If the student is no longer in school or not attending classes full time, they are required to notify us.
Where Can I Send My Child Disability Benefit Application
Once you and your childs medical practitioner have completed the Disability Tax Credit Certification Form T2201, you are ready to have the CRA assess your application for your childs eligibility. You can send your application in two ways:
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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.
With Dependents Including Children
Find the dependent status in the left column that best describes you. Then look for your disability rating in the top row. Your monthly basic rate is where your dependent status and disability rating meet.
If you have more than one child or your spouse receives Aid and Attendance benefits, be sure to also look at the Added amounts table, and add these to your amount from the Basic rates table.
|Dependent status||30% disability rating||40% disability rating||50% disability rating||60% disability rating|
|Dependent status||Veteran with 1 child only||30% disability rating||476.35||40% disability rating||681.77||50% disability rating||963.04||60% disability rating||1,216.39|
|With 1 child and spouse||30% disability rating||532.35||40% disability rating||756.77||50% disability rating||1,056.04||60% disability rating||1,328.39|
|With 1 child, spouse, and 1 parent||30% disability rating||574.35||40% disability rating||812.77||50% disability rating||1,126.04||60% disability rating||1,412.39|
|With 1 child, spouse, and 2 parents||30% disability rating||616.35||40% disability rating||868.77||50% disability rating||1,196.04||60% disability rating||1,496.39|
|With 1 child and 1 parent||30% disability rating||518.35||40% disability rating||737.77||50% disability rating||1,033.04||60% disability rating||1,300.39|
|With 1 child and 2 parents||30% disability rating||560.35||40% disability rating||793.77||50% disability rating||1,103.04||60% disability rating||1,384.39|
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My Childs Application For Disability Benefits Was Denied What Should I Do Now
If the SSA has denied your child benefits, then you should talk with a knowledgeable disability benefits attorney. If you live in North Carolina, the disability attorneys at Hardison & Cochran are available to answer your questions and offer guidance about appealing the decision.
Sometimes a benefits application is delayed or denied because it lacks adequate medical documentation of a childs disability. An experienced disability benefits attorney will know what documents and medical evidence should be included and can make sure the correct information is submitted.
Obtaining disability benefits for a child can be challenging.
Our dedicated attorneys have helped many people whose disability applications were initially denied obtain the full benefits available by law. We will discuss the best steps to take regarding your claim denial and work hard to get your child SSD or child SSI benefits, depending on your childs eligibility.
How Do You Apply For Benefits For Your Child
To apply for benefits for your child, you will need at least your Social Security number, your child’s Social Security number, and your child’s birth certificate. If your child does not already have a Social Security number, you will have to obtain one through Social Security before you can apply for the children’s benefit. There may be other information that is needed for example, if you are trying to obtain benefits for a full-time student who is over the age of 18, you will need to provide proof of enrollment in school. When meeting with Social Security to receive these benefits, you will be told if any additional information is necessary.
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If Youre On Income Management
If youre on income management, this payment will be fully income managed.
Call the Disability, sickness and carers line if you need to discuss your payment.
This information was printed 14 December 2021 from https://www.servicesaustralia.gov.au/how-much-child-disability-assistance-payment-you-can-get. It may not include all of the relevant information on this topic. Please consider any relevant site notices at https://www.servicesaustralia.gov.au/site-notices when using this material.
Who Makes The Determination About My Childs Eligiblity
Eligibility is decided by the Disability Determination Service of Social Security. The DDS makes a decision initially based on the written information in medical and other records submitted. When DDS does not have enough information to make a decision, it requests, at no cost to the applicant, a consultative examination by an approved psychologist. If the DDS subsequently rejects the application for eligibility, the parent may request reconsideration, a process in which a three member team who had nothing to do with the initial decision reviews it. Reconsideration stems from timely action taken by the parent to request a second opinion. At that point the parent may appear in person at an informal hearing or simply submit additional documentation.
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Who Can Get It
You may get a Child Disability Allowance if:
- you are the main carer of the child
- you are a New Zealand citizen or permanent resident
- the child has been assessed as needing constant care and attention for at least 12 months because of a serious disability
- the child or young person is under 18.
Both you and the child should also normally live in New Zealand and intend to stay here.
You may be able to get both the Disability Allowance and the Child Disability Allowance for the same child. But you can’t get this allowance if the child already gets a benefit . If the child is 16 or over, they may be able to get Supported Living Payment.
You can’t get a Child Disability Allowance if you get board payments from Oranga Tamariki for the child.
Paying Child Support Through Ssdi: When Dependency Benefits Are A Substitute For Child Support
The situation becomes even more complicated if the SSDI recipient is ordered to pay child support by the court. Where the custodial parent can already receive the dependency benefit directly from the government, the imposition of a separate child support would effectively amount to a double payment i.e. one payment through from the child support order and a second via the SSDI dependency benefit.
To avoid double payments, courts in Massachusetts credit the SSDI dependency benefit payment against the child support order. Under the leading case on the issue, Rosenberg v. Merida , the dependency benefit from the SSDI is treated first as part of the non-custodial parents gross income for purposes of calculating child support. After calculating weekly child support under the Guidelines, the disabled parent receives a dollar-for-dollar credit for the SSDI dependency benefit received by the custodial parent. In Rosenberg, the SJC held:
For example, if the child support guidelines provide that the disabled parent must pay $200.00 per week in child support, and SSDI is paying $175.00 per week to the custodial parent receives $175.00 for the dependency benefit, then the disabled parent only owes the remaining sum of $25.00 per week in child support. The net amount of the non-custodial parents support obligation, therefore, is the difference between the support amount calculated under the guidelines less the amount of the credit.
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Children Receiving Ssdi Benefits Through Their Parents
In some cases, a child is eligible to receive SSDI benefits through a qualified parent, adoptive parent, or step-parent. Under certain circumstances, a child could obtain these benefits through a grandparent. If the adult qualifies for and is receiving SSDI benefits or was entitled to benefits before their death, their child could receive benefits based on the Social Security record of their parent. These types of SSDI benefits are known as dependent or auxiliary benefits. Typically, these benefits terminate when your child turns 18.
If your child is under the age of 18, they are entitled to up to 50% of your monthly benefits, subject to a maximum per family. However, these benefits are only available until your child is 18 or in high school. If they are in high school when they turn 18, the benefits will continue until their 19th birthday. Additionally, if your child marries, their benefits will stop.
Question: I Have A Disabled Child Who Qualifies For Ssi Benefits Will My Support Payments Change The Amount My Kid Gets
Answer: Yes. This is a very complicated issue, but for every child support dollar you get, they reduce your childs SSI the same amount. When the court orders any SSI beneficiarys parent to pay child support, those payments can end the childs access to government benefits.
Why is this? Well, the Social Security Administration classifies a big part of a child support payment as unearned income while calculating SSI benefits. If the amount of unearned income is greater than the entire SSI benefit , the beneficiary loses SSI and possibly Medicaid.
Opening an ABLE account in your childs name can help overcome this issue. Eligibility for public benefits like SSI depends on your total financial resources and monthly income falling below a certain level. In other words, a family must remain poor to qualify for and keep getting SSI. The ABLE Act recognizes the significant costs of living with a disability and lets you put money into savings without losing your SSI benefits.
The ABLE Act limits eligibility to individuals with significant disabilities with an age of onset of disability before turning 26 years old. If your child meets this age criteria and qualifies for SSI, you are automatically eligible to establish an ABLE account.
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When The Benefit Could Stop
The benefit will stop:
- the month after the child turns 18, or, if over 18, is no longer in full-time attendance at a school or university
- the month after the child turns 25
- the month after the parent or guardian’s disability benefit stops
- the month after a child is no longer in the custody and control of the parent or guardian receiving a disability benefit
- the month after the child dies