Representing Minors in Sacramento Disability Hearings
Caring for a child with a disability or medical condition can be emotionally and financially challenging. Additionally, navigating the application process and representing minors in disability hearings can be overwhelming for parents.
“To alleviate the financial strain associated with raising a disabled child, minors are eligible for monthly Social Security Disability benefits.”
That’s where Jon Sipes, Attorney at Law, comes in. With extensive experience in presenting disability claims for minors and representing them in disability hearings, Attorney Sipes understands the financial burdens families face. His dedication is focused on helping minors in the Sacramento area succeed in disability hearings and secure Social Security benefits.
Is Your Child Eligible for Social Security Disability Benefits?
To qualify for Social Security Disability benefits, a child must be under 18 years old or under 22 years old and a student regularly attending school.
Once the age requirement is met, there are two types of disability payments that a child may qualify for: Social Security Income (SSI) and Social Security Disability Insurance (SSDI). SSI provides monthly payments to low-income children who are blind or have a recognized medical condition that qualifies as a disability. Eligibility for SSI takes into account the child’s income, resources, and the household’s income. On the other hand, SSDI is a monthly payment based on the earnings of a wage-earning parent. A child may receive SSDI benefits if one of the parents has passed away, if a parent is disabled and eligible for SSDI benefits, or if the child became disabled before turning 22 and the parent qualifies for SSDI payments.
Determining a child’s eligibility for SSI or SSDI can be complex, involving multiple factors. Seeking guidance from an experienced Social Security Disability attorney can help evaluate the likelihood of your child receiving Social Security payments.
What Qualifies as a Disability?
A disability for a child is defined as a medical condition or a combination of medical conditions that severely limit the child’s activities or cause severe functional limitations. The condition(s) must either be expected to last for at least 12 months or result in the child’s death.
The Social Security Administration recognizes certain medical conditions as disabling, allowing for immediate payments for up to six months while the agency reviews the child’s condition. Some examples of conditions that lead to immediate payments include total blindness, total deafness, cerebral palsy, Down syndrome, HIV infection, and low birth weight below two pounds, ten ounces. Other medical conditions require evaluation and review of the child’s medical history to determine disability.
What Is a Disability Review?
After confirming a child’s disability, the Social Security Administration periodically reviews the child’s medical condition to ensure continued disability. This review process involves submitting medical and school records, and in some cases, the child may undergo medical exams or testing to confirm the disability. Children under the age of 18 must have their medical condition reviewed at least once every three years, and for infants, a review may be scheduled before their first birthday.
What happens when a child turns 18?
When a disabled child reaches 18 years old, they may still be eligible for Social Security Disability payments. However, the Social Security Administration conducts another evaluation of the medical condition(s) based on the eligibility requirements for adults. This evaluation is similar to a review of a child’s disability but also considers the individual’s ability to perform any type of work successfully.
How Do I Apply for Social Security Benefits for My Child?
To receive Social Security payments for your disabled child, you must submit an application to the Social Security Administration. The application process involves providing information about your child’s medical condition(s), including school, hospital, and doctor’s records that support the conclusion of disability. Many initial applications are denied due to insufficient information. Having assistance from someone knowledgeable about the application process can be beneficial when applying.
What Happens If My Application Is Denied?
If your application for Social Security benefits on behalf of your child is denied, you have the right to appeal the decision. The appeals process involves demonstrating the errors made by the Social Security Administration in denying the application. It’s important to note that there are strict deadlines for filing an appeal and pursuing the appeal process.
What Can Minors Expect at Disability Hearings?
In some cases, the Social Security Administration may require you and your child to attend a disability hearing before an administrative law judge. Adequate preparation is key to success at a disability hearing. Building a strong case requires substantial evidence to support the finding that your child has a disability. Attorneys like Jon Sipes possess extensive experience in gathering corroborative evidence and emphasizing crucial information that influences the administrative law judge’s decision. An attorney can also help you and your child prepare for the hearing, including familiarizing you with the types of questions that may be asked and providing guidance on presenting your case effectively.
Consult a Social Security Disability Attorney with Expertise in Handling Disability Hearings for Minors
Raising a child with a disability can impose a significant burden on families. Alleviating some of that burden by obtaining Social Security payments is essential. Jon Sipes, an experienced Social Security Disability attorney, has assisted numerous families in applying for and securing Social Security benefits to mitigate the financial costs associated with disabilities. If you reside in the Sacramento area, contact Jon Sipes, Attorney at Law, to schedule a case review and discuss how he can provide assistance to you and your family.
This information included on these pages does not constitute legal advice and should be used as such. It is for informational purposes only.
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