Families with adult children who are disabled may encounter certain difficulties when it comes to obtaining benefits from Social Security. Our Rogers disability attorney is here to help. If you have a son or daughter with a disability who is now an adult, you need to know about these particular issues, so you can provide the best possible care.
What are the differences between SSI and SSDI?
First, it is important to understand the difference between these two benefits programs. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both benefits programs designed for the disabled. Both are managed by the Social Security Administration. However, eligibility requirements for these two programs are quite different. A significant difference between the two is that SSDI is only available to workers earning enough “work credits” with Social Security. While SSI disability benefits are available to low-income individuals regardless of whether they have earned sufficient work credits.
Qualifying for a retroactive application for benefits?
Once an individual reaches a certain age, they may not be eligible for SSI benefits, which are for children. But, there are some cases where an adult with disabilities may not be receiving SSI benefits, to which they are actually eligible. However, that person may be able to submit a retroactive application which would date back to before they reach the age of majority. There are a few conditions that must first be met, however. For instance, if the condition that has caused the person’s disability dates back to birth, such as a genetically-induced condition, and a doctor’s certification can be provided, then a retroactive application may be possible.
Speak to your Rogers disability attorney first
While the possibility of being able to make a retroactive application may seem like good news, there are many important issues that need to be considered. It is important not to take any actions that may jeopardize Social Security retirement benefits in any way. Without the knowledge and experience of a social security disability lawyer, it may be very difficult to know what to do. A good reason for seeking retroactive disability is that a benefits award obtained before reaching the age of majority will, in most cases, stay in place for the child’s lifetime, unless they are no longer disabled.
It is true that most social security disability applications are denied, at least initially. Unfortunately, the likelihood of approval on appeal is not much higher. According to statistics, nearly 65% of all claims are denied at first and the denial rate for appeals is close to 85%. With these rates, avoiding common mistakes in filing a social security disability claim is crucial. This article will touch on some of the most common errors that lead to claim denial. However, you should seek the advice of a Rogers disability attorney before filing your initial claim, if you want to better your odds.
Financial concerns to discuss with your Rogers disability attorney
Also, there may be other financial concerns to discuss with your social security disability lawyer, such as the possibility that, as guardian, your total benefits could be negatively affected. As for the exact amount of potential benefits a disabled child may receive, the amount depends on many factors. However, a lifetime award of benefits can potentially result in a significant amount of money that can be used to care for the disabled child. This is definitely something your family should consider.
Applying for social security disability benefits
When your disability application is submitted, your file is turned over to a designated state office that actually reviews your medical records and any other documentation you submit along with it. In Arkansas, this office is called the Arkansas Disability Determination for Social Security Administration. In Missouri, it is known as Missouri Disability Determination Services. These state agencies determine medical eligibility for Social Security disability for their residents. However, the process has been standardized throughout the country. The Social Security Administration will make an initial determination based solely on the information you provide in your application. You need a social security disability lawyer to help you from the start or you may not be successful.
If you have questions regarding disability benefits for your adult children or any other Social Security Disability matters in Arkansas or Missouri, please contact the Cottrell Law Office for a free consultation. You can contact us either online or by calling us toll-free at (800) 364-8305.
He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
Latest posts by Wes Cottrell (see all)
- When to Hire a Workers’ Comp Lawyer - September 10, 2019
- Your Joplin Disability Lawyer Can Assist with Your Hearing - April 4, 2019
- Can a Personal Injury Law Firm Help Me Settle My Claims? - April 2, 2019