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SSI Definition Of Disability For A Child​

In order for a child to be considered disabled and eligible for SSI benefits, he or she must meet allof the following criteria:

  • Must not be working and not earning more than $1010 a month in 2012 (this amount changes annually and is called Substantial Gainful Activity, or SGA);
  • Must have a “severe impairment,” which the SSA defines as a medically determinable physical or mental condition, or a combination of conditions, causing “severe functional limitations” in which a child’s activities are seriously limited;
  • Must have conditions that are long-lasting (i.e., have lasted for at least one year, or are expected to last at least one year) or which are expected to result in death.

The SSA considers children disabled if their conditions cause severe “functional limitations” for at least 12 consecutive months. However, if the conditions do not cause this degree of limitation, or do not last for at least one year, SSA will likely deny SSI benefits.

It may take many months before the SSA determines if a child is disabled and eligible for SSI benefits. However, children with certain medical conditions may be awarded SSI payments immediately and for up to six months while the SSA finalizes their decision. The conditions that may qualify for immediate payment (known as “presumptive benefits”) include:

  • Mental Health Disorders, such as Attention Deficit Disorder (ADD), Attention Deficit Hyperactivity Disorder (ADHD)Depression and Anxiety, to name a few
  • HIV infection
  • Muscular dystrophy
  • Down syndrome
  • Mental retardation
  • Certain childhood cancers
  • Total blindness
  • Total deafness
  • Cerebral palsy
  • Birth weight less than 2 pounds, 10 ounces

CLIENT TESTIMONIALS

a father and mother reading a book to their two childrenFor anyone who is really looking for a team of Attorneys that will fight for you every second of the way, this here is the team you want and need in your corner. Attorney Ryan Kelley and his team helped me through such a difficult time after my accident. The stress of thinking what happens next was lifted off my shoulders.

Communication is key for me, and my M&N team was on point with the level of communication they provided. The get-well cards and flowers after surgery were just a special touch that brightened my day. I wasn’t treated like another number or another case, they really made me feel like family. They really care for you and your wellbeing. Words will never express but I will forever be grateful for all they have done for me. Thank you !!!!!”
– Heather P.

Amanda C.
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I've felt comfortable and have built trust with them. They work hard and it shows. I am super thankful to have worked with them.
Susan B.
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I love this law firm! My lawyer was compassionate, kind and understanding during a very difficult time.
M&NBarbara E.
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They have been absolutely wonderful throughout my case-with a mix of professionalism and friendship all in one.

SSI Eligibility For Children​

Once a child begins receiving SSI benefits, the SSA will review the child’s medical condition periodically to confirm that the disability is still severe and persistent. A review may occur:

  • every three years for a child under age 18 whose condition(s) is expected to get better; and/or
  • by age 1 for a baby receiving SSI payments due to very low birth weight.

Even if a child’s condition is not expected to improve, the SSA may conduct a disability review. During a review, the SSA requires proof that a child has a disability and continues to receive necessary medical treatment.

Unwavering Commitment To People With Disabilities​

The trusted Rhode Island Social Security Disability attorneys at Marasco & Nesselbush work tirelessly to ensure disabled individuals receive the benefits they deserve. If you qualify, we are here to help you successfully negotiate complicated Social Security Disability determination and appeals processes. Our ability to offer clients the best possible representation and a clear understanding of what is necessary to win is a source of great pride. To schedule a free initial consultation with our Rhode Island injury attorneys, or to learn more about how our Child SSI lawyers can help, please call 401-240-1848.

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Client Reviews

Neveah
Neveah
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This law firm is amazing! Highly recommend my attorney to anyone and his legal assistant is amazing
Sorina
Sorina
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I have referred several people already
Rafael
Rafael
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The staff here is amazing! They were always respectful and cared to any concerns I had I never had to worry because they always kept me up to date with my case and did their best answering any questions I had about anything related to my case
Brooke
Brooke
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Absolutely amazing people to work with. They listen, empathize, and really are devoted to helping you out to the fullest of their abilities. Truly above and beyond, with great communication on all ends! Very clear direction! Couldn't be more grateful!
Daisy
Daisy
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They have always worked very hard on my case to get the most out of it. They have been very friendly and courteous and have always explained documents with details to help me understand my case. I have always used them for advice in other cases or personal problems and they have always responded to my questions or have advised me what can be done. I feel I have gained a friend besides an attorney. They have always watched for my well-being. If you need legal help, this is the firm you need to reach out to.
Kimberly M.
Kimberly M.
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They work very hard on your behalf and will always return emails and phone calls. More than that, they will regularly reach out to give you updates on your case or to check in and see how you are doing. On a scale of 1 - 10: if I could give you 10+ I would! They have been wonderful!!
Amanda C.
Amanda C.
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I’ve felt comfortable and have built trust with them. They work hard and it shows. I am super thankful to have worked with them.
Tev I.
Tev I.