SSI stands for Supplemental Security Income. SSI benefits are paid by the federal government to certain qualifying individuals.
These individuals include those who are over the age of 65 and those who are disabled. Individuals who fall into these categories must also have limited income and assets in order to receive Supplemental Security Income.
If an individual has worked for a period of time that is sufficient to qualify for social security retirement payments, they are not eligible for SSI disability payments. It is important to note that SSI disability payments are different from Social Security Disability Insurance (SSDI) benefits payments.
In order to be eligible for SSDI payments an individual must:
- Be disabled;
- Have worked for a sufficient length of time; and
- Paid social security taxes.
In contrast, an individual who receives SSI disability payments has not worked long enough to qualify for SSDI. in certain cases, an individual who has never worked may be eligible for SSI disability.
What Are Social Security Benefits for Children?
As noted above, Supplemental Security Income (SSI) is a program in the United States that offers money to qualifying low-income individuals. In addition to offering money to individuals who are over the age of 65, social security benefits may also be available to:
- Disabled or blind individuals;
- The spouse or children of a deceased worker, called survivor benefits; or
- The spouse or children of an individual who is receiving SSI benefits.
Is SSI the Same as Social Security Disability?
SSI disability benefits and social security disability benefits are not the same. The Social Security Disability Insurance (SSDI) program pays benefits to individuals and their family members if the individual has worked for a sufficient length of time and has paid social security taxes on their income.
If and when the individual becomes disabled, they will receive benefits. The amount of SSDI benefits that an individual receives is calculated based on the amount of income the individual paid social security taxes on.
In contrast, SSI disability payments are made on the basis of need. This means that, in order to qualify, an individual is required to demonstrate a financial need.
An individual can qualify by showing that they have limited income and resources. In general, in order to be eligible for SSI disability payments, the disabled individual cannot have countable resources which exceed $2,000.
A couple cannot have countable resources exceeding $3,000. Countable resources are those things that are owned by the individual that have a cash value.
The determination of what constitutes a disability is the same for SSDI as it is for SSI disability.
How Can Children Get Social Security and SSI Disability Benefits?
A minor may collect disability social security benefits if they fit into at least one of the following categories:
- Disabled minors from low-income families;
- Even if not disabled, minors collecting dependents’ benefits; or
- Adults who became disabled before reaching the age of 22.
These three categories are discussed in more detail below.
What Are Disabled Children SSI Benefits?
Until they turn 18 years of age, children who reside in a low-income family may receive supplemental security income (SSI). When a minor reaches the age of 18, they can continue to receive SSI as an adult.
There are several issues that are important to note, including:
- SSI determination is based both on disability and financial need;
- Before the age of 18, part of a child’s family income may be attributed to them; and
- After 18, the child must qualify as a disabled adult to continue getting benefits.
What Are Dependents’ Benefits?
Children who are disabled as well as children who are not disabled may receive social security benefits based on their parents’ social security record. In other words, if the child’s parent or stepparent received or had qualified for social security disability or retirement benefits, the child and, in some cases, the grandchild, may collect those benefits.
A child may receive as much as half of their parent’s monthly benefits. Typically, the child is only allowed to receive these benefits before they turn 18.
If, however, the child is a full-time student in secondary school, they may receive benefits until the turn 19. These benefits will terminate when the child marries.
These payments can benefit both disabled and non-disabled children.
What about Continuing to Receive Adult Child Benefits?
The benefits that were discussed above may continue if the child remains disabled after they reach the age of 18. This also applies if the child becomes disabled before turning 22 years of age.
Generally, a disabled adult child may collect disability benefits on their parents’ social security if the child resides with the parents.
Can I Appeal a Denial of SSI Disability Benefits?
An individual who applies for and is denied SSI disability benefits may appeal that denial. The individual must file their appeal within 60 days after they receive notice of the denial.
The SSI denial appeal process includes for stages:
- Reconsideration;
- Hearing by an administrative law judge;
- Review by the Appeals Council; and
- Federal court review.
Initially, an individual may request a reconsideration of the denial. When the Social Security Administration (SSA) receives the request, the SSA will assign an individual who did not play a part in the denial to review the denial.
When this review is complete, the SSA will send the individual a letter that contains the results of the review as well as an explanation of the decision.
If an individual disagrees with the reconsideration, they may request a hearing before an Administrative Law Judge (ALJ). The ALJ will review the appeal.
As part of the process, the ALJ will review all of the evidence provided to date. Witnesses must be prepared to offer testimony that is relevant to the disability or income the individual claims they have.
The ALJ may question these witnesses. One of the unique features of the SSI disability ALJ hearing is that this type of hearing is not adversarial.
This means that, at the hearing, no lawyer or other SSA representative is present to argue the position of the SSA. When the hearing has concluded, the ALJ makes an independent decision based on all of the evidence that is available, including the testimony of the claimants and witnesses.
If an individual is not satisfied with the decision of the ALJ, they may request a review by the Appeals Council. The Appeals Council may then dismiss, deny, or grant the review request.
If the review request is granted, the Appeals Council will either decide the case on its own or will remand, or send back, the case to the ALJ for a new decision with specific instructions. If the appeals council denies or dismisses the request or chooses to uphold the initial or subsequent decision of the ALJ, the claimant may then go to federal court to sue the SSA.
The federal court will review the SSA’s final decision.
Should I Consult an Attorney?
If you have a child that needs SSI disability benefits for children, your lawyer can help you obtain those benefits.
If you believe that your child’s disability benefits were denied unfairly or if you need assistance preparing for a disability review, it may be helpful to consult with a Social Security disability lawyer who is experienced handling social security issues.
