childs ssi denied now have a lawyer how long will this take

by Kathleen Weissnat 7 min read

Full Answer

What does it mean when your SSI claim is denied?

The bottom line for this kind of SSI claim denial is usually that it’s too big a leap of faith based on the documentation you’ve provided for the SSA to feel confident that your condition is severe enough to prevent you from earning a living.

What if my child does not receive SSI benefits?

If a child is under age 18, not married, and lives at home with parent(s) who do not receive SSI benefits, we may consider a portion of the parents' income and resources as if they were available to the child.

When should I hire a Social Security disability attorney?

Statistics from the National Organization of Social Security Claimants Representatives (NOSSCR) provide that those who hire an attorney are more likely to recover SSD or SSI. Therefore, we think it is in your best interest to hire an attorney as soon as you file for disability. Hiring an attorney may increase your odds of winning.

When is a child eligible for SSI disability?

A child may be eligible for SSI disability benefits beginning as early as the date of birth; there is no minimum age requirement. A child may be eligible for SSI disability benefits until attainment of age 18 (see definition of disability for children ).

How long does it take SSI to make a decision for a child?

3 to 5 monthsIt can take 3 to 5 months to decide a child's SSI disability claim.

How long does reconsideration for SSI take?

between three to five monthsOn average, it will take between three to five months to complete the Social Security Disability reconsideration process and receive this letter of decision. Here are some tips on how you can get your reconsideration request approved.

What are the chances of winning social security appeal?

Unfortunately, your odds are even lower for getting your benefits approved on the first appeal—about 12%. If you move on to the next level of appeal, which involves a hearing before an administrative law judge (ALJ), your chances for approval increase significantly—more than 55%.

Why was my child denied SSI?

The child has a mental and/or physical condition that limits his or her functioning enough to meet Social Security's requirements and that has lasted or is expected to last for at least one year or result in death.

What is the next step after being denied disability?

If you have been denied disability and can't work, you should file an appeal for reconsideration with the SSA. Filing a new claim after getting one denied simply leads to the same decision made for the first claim. Work with a Social Security attorney to get the compensation you deserve for your disability.

Why is my SSI decision taking so long?

Because there are so many applications that are filed each year, it takes time for the SSA to process and review each one. This review time can take anywhere from 3 to 6 months on average. Most people have their initial application denied. It doesn't mean that your case is over and that you should give up.

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

How many times can you appeal a Social Security denial?

There is really no limit to the number of times you can apply for benefits or appeal your disability claim. However, there are a variety of other factors to consider when deciding whether to apply or appeal a denied claim. For many applicants who have received a claim denial, an appeal is the best course of action.

How often is Social Security disability denied?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied. Understanding why these applications are not approved may help you be successful if you need to apply for benefits.

How does a child qualify for SSI with ADHD?

If your child has been diagnosed with ADHD, or ADD, he or she can qualify for Supplemental Security Income (SSI) disability benefits if the severity of the child's ADHD meets the Social Security Administration's childhood impairment listing for neurodevelopmental disorders (listing 112.11).

Can a child with autism be denied SSI?

Financial limitations are the top reason why children with autism are denied SSI benefits. The good news is that once your child turns 18, he or she will likely qualify for SSI regardless of whether your child is still living at home.

How much does a child with autism get from SSI?

Your child's SSI payment amount will vary depending on the state you live in and whether your child has any countable income, but the federal base rate for 2021 is $794/month.

What does it mean when your child is denied SSI?

First, donÂ’t panic. Just because your child is denied does not mean they will never be approved, it may simply mean you will have to do a bit more work.

Can a disabled child receive SSI?

If you have a child suffering from a debilitating health condition this can be devastating and costly for your family, not just physically and emotionally, but also financially. You may not realize that the Federal Government does offer Supplemental Security Income (SSI) benefits to some children who have a severe mental and physical health condition which is expected to last for at least 12 continuous months and is considered severe. Supplemental Security Income (SSI) is only available for families who have VERY limited income and resources. If your familyÂ’s income and resource level is too high your disabled child will not be awarded SSI, even if their condition is very severe.

Why is my SSI denied?

And if your SSI benefits claim is denied for a medical reason, generally it’s because the SSA doesn’t believe you’ve provided enough official medical documentation and evidence to show that you meet its very specific definition of disability.

What to do if SSA denies claim?

If the SSA denies your claim but you don’t understand the reason, make sure to appeal quickly. Since the SSA processes a high volume of applications each day, it’s possible that your application was denied by mistake – especially if your denial letter doesn’t make clear the reasons for your initial denial.

Why is my disability claim denied?

1. Income. One of the most common reasons an initial claim is denied is that the applicant makes too much money already to qualify for benefits. SSA will look at how much money you have in the bank. For single people who apply for disability benefits, the cutoff amount is $2,000, and it is $3,000 for a married couple.

How long do you have to appeal a disability claim?

You have 60 days from the date of the notice to file your social security disability appeal.

What happens if a request for reconsideration is denied?

If your Request for Reconsideration also is denied, you move to the next step in the appeals process, which is to appeal the decision and submit a Request for Hearing. During this stage, an administrative law judge who has had no part in the decision thus far will review your claim and all its supporting documentation.

When is the best time to engage a disability lawyer?

If you didn’t engage with a disability lawyer when you began the claims process, a good time to engage one is when you first receive that denial notice.

What does disability mean in the SSA?

Disability, as defined by the SSA, means that you are unable to do any kind of work – not only the kind of work you’ve previously done but also any kind of work the SSA believes your skills will transfer to or that you could feasibly be trained to do.

What happens if my child is denied SSI?

For instance, if the child is 16 or 17 and is able to make $1010 per month the SSA will determine they are not disabled with a severe mental or physical health condition. When your child is denied SSI benefits the SSA should clearly state why the SSI claim was denied on the SSA denial letter.

Why is my child denied SSI?

The reasons your child may have been denied SSI benefits include the following: If your child lives with their parents the SSA will evaluate whether or not the parentÂ’s income and resources are too high. SSI is a program only for those claimants who have very limited income and resources.

How long does a child's condition have to last to qualify for SSI?

As mentioned above, the childÂ’s condition must be expected to last for 12 continuous months.

How long does a child have to be disabled to get SSI?

Children who have a severe disability which is expected to last for at least 12 continuous months may qualify for Supplemental Security Income (SSI) if they are under of the age of 18, not performing substantial gainful activity (making more than $1010 in 2012) and their condition “markedly and severely” limits the child’s functional abilities.

What is SSI disability?

SSI is a program only for those claimants who have very limited income and resources. If the parentÂ’s income and resources are too high and do not meet the threshold established for the SSI program the child will be denied SSI benefits. Not Disabled.

What age can a child not receive SSI?

If a child is under age 18 , not married, and lives at home with parent (s) who do not receive SSI benefits, we may consider a portion of the parents' income and resources as if they were available to the child.

When can a child get SSI?

A child may be eligible for SSI disability benefits until attainment of age 18 (see definition of disability for children ). When the child attains age 18, we evaluate impairments based on the definition of disability for adults (see definition of disability for adults ). A child with a visual impairment may be eligible for SSI benefits based on ...

How old do you have to be to get SSI?

A child may be eligible for SSI disability benefits until attainment of age 18 (see definition of disability for children ).

How long does a blind child's impairment last?

The impairment (s) has lasted or can be expected to last for a continuous period of at least 12 months or be expected to result in death; or. If the child is blind, he or she meets the same definition of “blind” as applies for adults.

When does deeming stop?

Deeming from the parent stops when a child attains age 18, marries, or no longer lives with a parent. Deeming does not apply, and we may pay up to $30 plus the applicable State supplement when: a disabled child receives a reduced SSI benefit while in a medical treatment facility; and.

How long do you have to pay child support benefits?

When an eligible child under age 18, who has a representative payee, is eligible for certain large past–due payments covering more than 6 months of benefits, these payments must be paid directly into a separate account in a financial institution.

Can a child get medicaid if they are on SSI?

In most States, a child who gets SSI benefits can get Medicaid to help pay medical bills. In some cases, a child may be eligible for Medicaid while in an institution, but not be eligible when living at home either because of the parents' income and resources or because of other income. At the State's option, children under age 18 who need ...

How does Social Security work for a child?

If the child’s parents have income and resources, Social Security Administration considers them available to the child through their parents. If the parent works and has resources the child is at an advantage, as opposed to a non-working parent with limited resources. Social Security’s process of deciding how much of the parents income and resources qualify is called “Deeming”.

Can a disabled child get SSI?

Disabled children under the age of 18 can qualify for Supplemental Security Income (SSI) if they meet the Social Security’s definition of disability for a child. Your child’s income and resources may affect their eligibility for the program. Social Security does take into account the household income when approving child cases because they recognize that families with lower income have a more difficult time making ends meet.