For those who have adult children with disabilities, whose care they provide, there can be some rather complex issues with regards to Social Security disability benefits. 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.
How do you qualify 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 social security disability lawyer 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.
Potential financial concerns to discuss with your social security disability lawyer
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.
Can a person get both Supplemental Security Income and Social Security Disability benefits?
It is true that people who are eligible for Social Security disability benefits may also be eligible for Supplemental Security Income. The disability decision for one program is essentially the same for the other, however, a claimant must meet additional resource and income limitations in order to qualify for SSI benefits.
Both of these important programs were designed for the benefit of the disabled, and both are managed by the Social Security Administration. However, the specific eligibility requirements for each of these programs differ significantly. One important difference is that SSDI is only available to workers earning enough “work credits” with Social Security. While, on the other hand, SSI disability benefits are available to low-income individuals, regardless of whether they have earned sufficient work credits.
Applying for disability
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’s 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 social security disability, or any other personal injury concerns in Arkansas or Missouri, please contact the Cottrell Law Office for a consultation, either online or by calling us as (888) 433-4861.
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.
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