Children’s Social Security Disability Cases and Early Impairments
Many people ask me about whether their children will qualify for Social Security benefits based on medical conditions early in their lives:
We have two adopted children that we have had since birth. One is now 14, but was born at 26 weeks weighing 1lb 14 ou. The other is now 12 but was born at 32 weeks at 3lbs 5oz.
Are they eligible for Social Security benefits now?
It is important to remember that Social Security benefits for disabled children fall under the Supplemental Security Income (SSI) program. Just as in adult SSI cases, children can only receive benefits as of their protected filing date (PFD); there are no benefits before the PFD.
That means Social Security will focus its attention on whether the child is disabled at present. There is actually a bit of wiggle room here as there can be an issue of disability starting before the PFD. However, the period of disability has to continue through the protected filing date. If you cannot show the child is disabled as of the date of filing a claim for Social Security child SSI benefits, while the child may have been disabled in the past, there are no benefits available to the child and there is no case.
Child SSI cases after 18th birthday
Disabled children can apply for Social Security benefits under the Title 16 children’s Supplemental Security Income (child SSI) program. Children’s cases are considered differently than adult disability claims. However, after a child turns 18, Social Security applies the adult standard to decide disability. Note: children between 18 and 22 may be eligible for Disabled Adult Child benefits based on their parents’ contribution to Social Security.
What happens if a child turns 18 before Social Security decides if the child is disabled?
Here is what Social Security says on this (20 CFR 406.924):
If you attain age 18 after you file your disability application but before we make a determination or decision. For the period during which you are under age 18, we will use the rules in this section. For the period starting with the day you attain age 18, we will use the disability rules we use for adults who file new claims, in §416.920.
Put another way, Social Security will consider disability under the child standard for the portion of time the individual was under 18, and use the adult standard for the portion of time the individual was 18 or over. That means you, in effect, have to prove the case twice: once under the child standard and again under the adult standard.
You can’t get Social Security disabilty benefits if you do not apply
To quote an old lottery slogan, “you can’t win, if you don’t play.” It may seem obvious, but you cannot receive Social Security disability benefits if you do not apply.
If fact, many Social Security regulations about Social Security eligibility start with this simple requirement:
Step 1: You apply.
As I have written about before, Social Security uses the protected filing date (PFD) to decide how …
The advantages of getting both Social Security Disability Insurance and SSI benefits
I recently wrote about receiving both Social Security Disability Insurance (SSDI or DIB) and Supplemental Security Income (SSI) benefits. Let’s look at the advantages of being on both benefits programs.
Are you limited to only 12 months of back Social Security benefits?
We have talked a lot about how far back can you get Social Security benefits.
I want to make sure there is no confusion: Social Security does NOT limit you to only 12 months of back benefits.
There is a limit in how far BEFORE your protected filing date (PFD) you can get benefits (12 months in a Social Security Title 2 Disability Insurance claim — SSDI or DIB).
However, this is only part of the total amount of back benefits most people are entitled to.
How far back does Social Security pay disability benefits?
If you are disabled, how far back will Social Security pay benefits? Back to when the disability began?
It depends on whether you are applying for Social Security Disability Insurance (SSDI or DIB), or Supplemental Security Income (SSI).
Social Security Supplemental Security Income (SSI) pays benefits back to the “Protected Filing Date (PFD),” the date you contacted Social Security and asked to apply for benefits.
Social Security Disability Insurance, on the other hand, pays benefits up to 12 months before the Protected Filing Date. However, you should also keep …
What is the “5 month waiting period” in Disability Insurance cases?
If you apply for Social Security Disability Insurance benefits (SSDI or DIB), you may be surprised that Social Security keeps the first 5 months of back benefits.
This is referred to as the “5 month waiting period.”
If you awarded benefits back to January 1st, Social Security actually keeps the benefits for January, February, March… all the way through May. Your disability insurance benefits will start in June.
What?!?! But, it is my money!
I know! But, that is how the system works!
However, there is an exception to the 5 month waiting period.
What is a Protected Filing Date (PFD) in a Social Security disability case?
The Protected Filing Date (PFD) is the date you contacted Social Security and asked to file an application.
What is so special about that?
The PFD is used to determine how far back your benefits can be paid.
What makes it “protected?”
Since the application process takes time, Social Security does not want to penalize you for delay between the time you ask to start an application and the time you actually finish it.
For example: if you contact Social Security on January 2nd to start an application (Social Security is closed on new year’s day), but do not turn in all the paperwork until February 1st, Social Security will …
What if the Social Security judge wants me to change the date my disability began?
Nate Craig of Truth of the Matter Asserted has a great article about what it means if a judge wants you to change the date you became disabled, or in Social Security parlance “amend your alleged onset date (AOD).”
Often, by the time the claimant’s hearing comes to be scheduled, the ALJ will review the file for the first time. During this review, the ALJ will determine if the onset date is established by the medical records. Most factors of a proposal to amend an onset date will be either a specific medical finding that seems to correlate with the claimant’s limitations or the claimant has earning posted to their earnings record, including unemployment benefits.
Long story short, if the Judge is asking you to amend the onset date, they essentially are going to award benefits.
Nate makes a great point, but there is one exception to this general rule of thumb: SSI cases.
