Effect of another child on Social Security auxiliary benefits
When a parent receives Social Security disability benefits, specifically SSDI (not SSI), his or her minor children are often eligible for Social Security auxiliary benefits. The minor children are still potentially eligible for these benefits even if the parents are divorced, and even if the children live with the non-disabled parent.
I was recently asked how adding another child will affect the amounts paid to the disabled parent’s children living in a separate household.
Documenting Social Anxiety for Social Security
Preface: It should be noted that medical evidence (such as treatment records and opinions) are often the best evidence of how social anxiety disorder is disabling. However, by its very nature, social anxiety disorder can make treatment difficult if not impossible. This post discusses alternative methods of documenting a social anxiety disability case.
Every case is different so it is very difficult to make general statements about how to prove a case. At least, other than, “make sure SSA gets your medical records.” Personally, I recommend working with a lawyer to help figure out the best way to develop your …
What if a Vocation Expert at a Social Security disability hearing is full of it
A reader asked:
How can a vocational expert have any say on my disabilities and limitations? I mean I dont get a VE slip to give to my boss when I’m sick.
That’s true. If a Vocational Expert (VE) says that a particular limitation should not prevent someone from being able to perform the duties a hypothetical job, does not help that person find an employer who will tolerate that limitation in the real world.
However, that is not the VE’s job. The VE only provides testimony about which jobs an individual is still able to perform (if any) despite their limitations. Also, the VE tempers the often out-of-date evidence in the Dictionary of Occupational Titles with more recent job treatises and personally performed surveys of real-world jobs as they are actually performed.
However, if the VE says I can still do a job that is inconsistent with my limitations, what can I do?
If the VE’s testimony is out of sync with reality, well…
Social Security disability review for children turning 18
Many parents mistakenly believe children’s Social Security disability benefits (Children’s SSI) are forever. However, that is not the case. If your child is still on disability when he/she turns 18, you may receive a letter that says the following:
Earlier we wrote to tell you that we would review your Supplemental Security Income (SSI) disability case to decide if you were still disabled. We are writing now to tell you that because you are over age 18, we will use the same disability rules we use for adults who file new claims to decide your case. However, we will not apply the rule that says we must deny your claim if you are working.
Doctors and other trained staff will decide if you are disabled under the disability rules for adults. We may decide that you are not disabled under the disability rules for adults and your SSI payments could stop. The disability rules for adults are different than the disability rules for children we used when we last looked at your case. So we may find you are not disabled now even though we found you disabled before. When we decide we will let you know our decision. Our letter will explain your right to appeal the decision. If you appeal the decision you can also choose to have us continue to make payments until we decide the appeal.
Social Security has to make a re-determination of disability at age 18 in order for benefits to continue. In short, once a child turns 18, they have to once again prove they are disabled — this time under the adult standard.
