Bentonville, AR Children’s Disability Benefits Attorney

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Children with disabilities need economic support as much as they need support from their parents and families.  The disability system in the U.S. primarily focuses on disability benefits for working Americans, but there are multiple ways to get your family and children benefits, too.

If you have a child with physical or mental disabilities that needs disability benefits, contact Bentonville, AR children’s disability benefits attorney Ken Kieklak today.  Ken Kieklak, Attorney at Law, offers free legal consultations so you can learn more about how we can help with your case and fight to get your child the disability benefits they need.  Call us today at (479) 316-0438.

Getting Disability Benefits for a Child in Bentonville, AR

If your child was born with a disability or developed a disability after an accident, because of a developmental disorder, or because of some other problem, you might face increased medical expenses and care costs for your child.  Dealing with these expenses can be incredibly difficult, but the Social Security Administration (SSA)’s disability systems are in place to help families like yours.

If you are not also disabled, you can usually apply for disability benefits directly for your child.  These benefits are paid to families who can prove that their child has a qualifying disability.  If you are disabled yourself, then your child might be able to get family benefits added to your disability record.  However, if your child is entitled to their own disability benefits, that could pay more.

To apply for disability benefits, work with an attorney.  It is common for disability applications to be rejected for simple issues like missing information or unclear explanations.  In many cases, your lawyer can fill out the paperwork for you, using the right terminology and language that the SSA expects, potentially helping to increase your chances of having your child’s application accepted.

Qualifying for Disability Benefits as a Child in Bentonville

Children’s disabilities are different from adult disabilities in many cases.  Adults must meet strict standards, and for a condition to qualify, it must meet the medical definition and it must be severe enough to prevent them from working.  Children are not expected to work, so the standards focus more heavily on the severity of the condition, but the SSA will also look at the family’s economic resources.

Childhood disabilities often have medical definitions that are comparable to the same medical definitions that doctors use for diagnosis.  This means that, for instance, the SSA uses a reasonable definition of diabetes for disability standards.  However, the SSA might also add conditions, such as how the listing for diabetes is only for children under 6 who require daily insulin instead of general diabetes diagnoses.

The SSA has a full list of qualifying conditions on its website, with the qualifying children’s disabilities listed separately from the adult disabilities.  An attorney can also help you check if your child’s disability qualifies for disability benefits.  If the disability is not listed specifically, but your child’s disability is as severe as another listing, you might be able to file for a special exception.

Another qualifying factor is that your child’s disability must be expected to last for over a year or to last until their death.  This means that very serious conditions might not be covered if they are only temporary, but potentially fatal conditions are covered regardless of the child’s prognosis.

Getting Disability Benefits for Adult Children in Bentonville

Disability filings for children under 18 have a clear system, but children might need disability coverage into their adult life.  If your child’s disability develops later in life and if your child will not be able to leave home and work to support themselves, getting disability benefits for them can be a difficult legal challenge.  Our attorney can help.

Children over 18 can often claim disability on their parent’s record.  If your child was under 18 and received disability benefits, transitioning to adult benefits might not be too difficult.  Instead of getting benefits through SSI because of their need-based disability, they might be switched to a program for disabled workers called SSDI.  However, since the child is not the “worker” who earns Social Security benefits and pays Social Security taxes, the benefits will instead be paid on their parent’s record.

The same system works for children who develop disabilities later in life.  As long as the child was disabled before turning 22, they can often qualify for benefits this way.

However, there are additional requirements to qualify for receiving disability benefits for an adult child this way.  First, the child’s disability must be severe enough that they cannot work.  If the disability still allows them to do some work, the SSA might reject their application.  The child’s condition must also be expected to last for over a year or end in death.

Lastly, the child cannot continue to receive disability benefits on their parent’s record if the child gets married.  Adults with disabilities can often claim disability through their spouse if they get married, so the SSA usually cuts them off from their parents’ coverage.

If adult children with disabilities have no other access to SSDI benefits through someone else’s record, they might be able to claim benefits through SSI’s need-based benefits instead.

Call Our Attorney for Disability Benefits for Disabled Children in Bentonville

If you live in or around Bentonville, AR and have a child with disabilities that needs disability benefits, contact Ken Kieklak, Attorney at Law today.  Ken Kieklak is a Bentonville, AR children’s disability benefits attorney offering free legal consultations.  For your free case consultation, call us today at (479) 316-0438.

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