Legal Question in Social Security Law in Pennsylvania

SSI benefits for a child

My daughter was diagnosed w/adhd in early -2000 and also has asthma (was diagnosed when she was two, was hospitalized many times for ashtma in earlier yrs, she was also diagnosed w/having mild to moderate mr (mental retardation) and is in life skills classes in the 6th grade, Would I have a good chance of getting ssi benefits for her , she was denied ssi in 2003 because of us her parents making to much money & would she recieve back pay even if I did not appeal their descion back then? Thank you kindly


Asked on 5/09/07, 8:19 am

1 Answer from Attorneys

Randall Selagy F. Randall Selagy, P.C.

Re: SSI benefits for a child

Diagnosis alone is not enough to get benefits. 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.

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

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 you did not appeal the prior denial, that decision is a final determination of the SSA and those benefits are gone.

SSI benefits cannot acrue before the date of application.

Eligibility:

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.

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Answered on 5/09/07, 8:49 am


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