Legal Question in Social Security Law in California

Should my son qualify for SSI?

I have a 10 month old son who is disabled and blind. He has a rare birth defect, Septo Optic Dysplasia, Which consists of adrenal innsuffency, Diabetes insipidus,& Blindness, among other things. We have been denied social security based on my husbands income(I cannot work due to his condition). We are a family of 4 and my husband makes $16 an hour.They also sent us to a SSI doctor to look at him,and she did not even look at his eyes because she did not want to wake our son, and in the final report it even states ''HE IS NOT BLIND'' When in his diagnosis (Which I sent all Medical records To SSI) states Septo Optic Dysplasia, Adrenal Insufficency, and severe Visual Imparement. To further back this we have the Blind Childrens Learning Center come to our home to work with him once a week,& he attends PT and OT twice weekly. We can barely pay our bills and if my huusband gets a second job, it will definately unable us to qualify for the benefits I believe my son should be entitled to. If I am wrong, please do not hesitate to tell me. I would really like an honest response. Thank you.


Asked on 10/12/01, 9:53 am

1 Answer from Attorneys
Candace Davenport Law Offices of Candace C. Davenport

Re: Should my son qualify for SSI?

Unfortunately, SSI is a welfare based system. Therefore, for your child to be eligible, SSA will take into consideration the parents income. This is done without even considering whether or not your child is disabled. If your husband makes too much money for SSI purposes, then it will not matter how blind your child is, as SSA will not even get to the point of determining disability. However, since they did get to the point of determining disability, then it may be that there is a question as to whether or not your husband makes too much money. I would strongly suggest that you find an attorney who does Social Security work in your area to see if they can help you through the financial maze. Once that is done, you can then focus on the disability part.

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Answered on 11/23/01, 10:33 am


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