3Nov

Premature and low birth weight babies may qualify for Social Security disability benefits

By Tomasz Stasiuk, November 3rd, 2009 | Building a Case | 20 Comments

Under Social Security regulations low birth weight babies may qualify for Social Security disability (Supplemental Security Income – SSI) benefits.

It is important to note that Social Security does not specifically consider whether the child is premature or not. Social Security considers the birth weight of the child:

“Low birth weight” is defined as a birth weight under 1,200 grams (2 pounds 10 ounces) or under 2,000 grams and small for gestational age.

Social Security does provide SSI disability benefits to certain low birth weight infants, whether or not they are premature. A child who weighs less than 1200 grams (about 2 pounds, 10 ounces) at birth can qualify for SSI on the basis of low birth weight, if otherwise eligible. A child who weighs between 1200 and 2000 grams at birth (about 4 pounds 6 ounces) AND who is considered small for his or her gestational age may also qualify. For this second category of low birth weight infants, the following chart shows the gestational age at birth and corresponding birth weight that satisfies our “small for gestational age” criterion.

However, even newborns over 1,200 grams may qualify for SSI depending on their gestational age. Listed below are the gestational ages and birth weights that may qualify a child for Supplemental Security Income benefits (re-formated from the Social Security website for easier viewing):

37-40 weeks — Less than 2000 grams (4 pounds, 6 ounces)

36 weeks — 1875 grams or less (4 pounds, 2 ounces)

35 weeks — 1700 grams or less (3 pounds, 12 ounces)

34 weeks — 1500 grams or less (3 pounds, 5 ounces)

33 weeks — 1325 grams or less (2 pounds, 15 ounces)

If the newborn weight is equal to, or less than, the specified amount, based on the newborn’s gestational age, the newborn may be able to qualify for SSI benefits. For more information, check out the Social Security FAQ.

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.

http://recordsresources.com birth records

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Angelica

When to the checks stop coming in?
http://www.Planet10Tech.com TomaszStasiuk

That, I don’t know. Social Security is not clear on that. Presumably, the case gets re-reviewed to see if the child has moved beyond any deficits resulting from a low birth weight. However, that is just a guess. I do not have firm information in that area.
Comedra

We have two adopted children that we have had since birth. Belinda is now 14 but was born at 26 weeks weighing 1lb 14 ou. Nathan is now 12 but was born at 32 weeks at 3lbs 5ou. Are they eligible for Social Security benefits now. They both have been diagnosed with ADD. Belinda has other problems such as mood disorder and behaviour problems. They are in special classes in school because they have learning difficulties.
http://www.Planet10Tech.com TomaszStasiuk

A child has to be disabled during the time period in question. That is, from the protected filing date on. http://www.socialsecurityinsider.com/2009/03/what-is-a-protected-filing-date-pfd/

While a low birth weight might have qualified a child for disability benefits as an infant, if the child is no longer an infant, Social Security will focus its attention on whether the child is disabled at present.

You mention several conditions. However, a diagnosis is only a first step. The condition(s) must be severe enough to meet Social Security’s requirements for disability: http://www.socialsecurityinsider.com/2011/03/social-security-disability-benefits-for-children/

Whether your kids would qualify for disability benefits depends on your meeting the initial non-medical requirements (discussed in the article linked above) and the severity of their conditions and how well they are documented.

Working with a lawyer can help you get an idea of your kids chances in a disability case. However, it is still only a guess. They only way to find out, is to apply.
http://pulse.yahoo.com/_V7PV2WBODFI7SNNCAYH55K7MC4 Renee

I had a child on 02/07/2001; 2 pounds even. She was 26 months gestatation. She is now a healthy 10 year old. I was told recently that I should have gotten SSI. Sorry, I am pretty ignorant about such things. I am very low income althougth I tried to serve my country for 8 years in the U.S. Navy from 1988 to 1996 then went on to Airforce Reserves. I just got very upset when I was told that because my friends child was premature she gets about 600 dollars a month when she is more well off and he does not have diabililities. I had a condition called DES that was not really diagnosed until this second child….. First child 3 pound 3 ounzes born 29 weeks gestation born in 1993. PS in Ohio
http://www.Planet10Tech.com TomaszStasiuk

Hi Renee. It’s easy to second guess and kick yourself for what you could have done and the benefits you could have applied for had you known about them.

Give yourself a pat on the back for helping get your child though those difficult first years and to where she is now.
Wendy

My baby was born at 29 weeks, weighing 3lbs. 2oz. She is now 10 months old and I am just now hearing about these benefits. Could I still be eligable for the benefits?
Ex-employee of SSA

For most infants the checks would stop soon after the child left the hospital. The main benefit is that Medicaid will pay most of the hospital bill. While in the hospital parental income and resources are not considered but would be upon release from the hospital. SSI is need based (welfare) and payments would be re-evaluated when circumstances change.
http://www.Planet10Tech.com TomaszStasiuk

Thanks for the heads up!
Erica

I recently was denied for my Kids benefits i had triplets.born at 31 weeks weighting 2lb each not sure y they where denied i thought they automatic get approved. What are my next option should i tske this to court
http://www.Planet10Tech.com TomaszStasiuk

You can always appeal the denial. The denial should list how to get an appeal started and let you know how much time you have.
Farrel

My wife will be 31 weeks in 4 days and the doctors say the baby stopped growing!!! They say he is almost 2lbs (1lb 13oz). The drs are talking about taking him. Would he be eligable?
http://www.Planet10Tech.com TomaszStasiuk

Possibly. Depends on the child’s birth weight. Hospitals often have a benefits coordinator which may be able to help you with an application if that becomes necessary. If the hospital does not have someone, your local SSA office can walk you through the application process.
Ariel_raul

my baby was born at 34weeks and was 4lbs 2oz..so dose she
qualify for ssi??
km

Hi my son was born at 35 weeks and was 3 pounds and 15 ounces but he is now 2 months old does he qualify for ssi and can he still get it since he older now
km

Hi my son was born at 35 weeks and was 3 pounds and 15 ounces but he is now 2 months old does he qualify for ssi and can he still get it since he older now
http://www.stasiukfirm.com/ TomaszStasiuk

Since only a few months have passed, it may be possible. Give your local SSA office a call.
Jasmine

Hey I gave brith too twin boys and they were born early would they qualify for ssi benefits. One twin weight 3 pounds and one weight 4 pounds
http://www.stasiukfirm.com/ TomaszStasiuk

Social Security considers the gestational age in addition to weight. The age – weight amounts are listed in the article.

For specific information about whether your children would qualify, I encourage you to contact Social Security.