Legal Question in Social Security Law in Pennsylvania

ssi benefits for a child

My daughter was denied ssi benefits, She was diagnosed with adhd in 2001 I applied for ssi and she was denied because we made to much $ She is in life skills classes in school any suggestions for me, would we be able to apply for ssd or ssi? Please Help Thank you kindly


Asked on 5/07/07, 12:33 am

2 Answers from Attorneys

John Gibson John W. Gibson, Esquire

Re: ssi benefits for a child

Yes, you are able to apply. If the only reason it was denied was because of your income and your income has gone down, then it may be a lot simpler this time around, especially if a determination of medical eligibility was made. However evaluation of eligibility by reason of ADHD is a very subjective determination.

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Answered on 5/07/07, 9:54 am
Randall Selagy F. Randall Selagy, P.C.

Re: ssi benefits for a child

SSD or SSDIB is a disability insurance benefit for working adults. SSI is the only program available to disabled children. To be considered disabled, the child must be found to have a physical or mental condition or conditions that can be medically proven and which result in marked and severe functional limitations; and the condition(s) must have lasted or be expected to last at least 12 months or end in death.

In addition, understand that SSI is a "needs-based" program. Parental income and resources will be deemed to be available to the child. See link: http://www.ssa.gov/notices/supplemental-security-income/text-child-ussi.htm

If your income decreases, you may re-apply. Not all income counts, so you may wish to contact your local SSA office and have someone explain the income issues.

Proving marked loss of function is difficult and requires doctors' records and opinions as well as school records, testing & opinions.

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Answered on 5/07/07, 6:00 pm


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