Yes. Under some circumstances, Social Security can immediately start Social Security disability benefits, and continue to pay benefits for up to six months, while the state agency component of Social Security makes a formal decision of whether the child is disabled. These are called “Presumptive Disability” cases.

Basically, Social Security is saying that the child is probably disabled, and as such will pay benefits, while it reviews the case to confirm the presumed disability.

Here are the conditions that may qualify:

• HIV infection;
• Total blindness;
• Total deafness;
• Cerebral palsy;
• Down syndrome;
• Muscular dystrophy;
• Severe mental retardation (child age 7 or older); and
• Birth weight below 2 pounds, 10 ounces.

According to Social Security (POMS DI 11055.230):

The presumptive disability/blindness payments end the earliest of:

• The month in which the Disability Determination Services (DDS) makes a formal finding on whether the claimant is disabled or blind;
• The month for which the claimant is paid the sixth monthly payment based on PD or PB; or
• The month in which the claimant no longer meets one of the other eligibility requirements for SSI (e.g., excess income/resources).

If the Social Security state agency decides that the condition is not severe enough for SSI, you do not have to pay the money back. And that is very good news.

However, (you knew there had to be a however, didn’t you?) payments on presumptive disability cases CAN be considered overpayments (which a parent/guardian may have to pay back) if:

• The claim is disallowed due to ineligibility based on non-medical factors; or
• Social Security subsequently determine that it computed the amount of payment in error.

Or, put in English, if the child is later denied for non-medical reason (for example, if the household makes too much money or has too much in assets) or if Social Security got the benefit amount wrong.

See Social Security publication for a general overview. See  DI 11055.230 Presumptive Disability (PD) and Presumptive Blindness (PB) Provisions for more information about the overpayment issue.

Here is a story of a doctor living and working in Australia to help with a shortage of doctors, denied permanent residency because his son has down syndrome. 

Bernhard Moeller came to Australia with his family two years ago to help fill a doctor shortage in a rural area of Victoria state.

His temporary work visa is valid until 2010, but his application for permanent residency was rejected this week. The immigration department said Moellers 13-year-old son, Lukas, “did not meet the health requirement.”

“A medical officer of the Commonwealth assessed that his sons existing medical condition was likely to result in a significant and ongoing cost to the Australian community,” a departmental spokesman said in a statement issued Thursday by the Department of Immigration and Citizenship.

I find the story amazing. The country is happy to have the doctor there to treated patients, and to continue living there, along with his son with down syndrome, through at least 2010.

But, they refuse to let the father and son stay in Australia on a permanent basis because of the son’s medical condition.  What do you think?

AFRA_Newshawk : Message: Residency Denied to Disabled Boy – Down Syndrome .