Skip to main content

Applying for social security disability for child

Lithonia, GA |

My son who is 10 years old was diagnosed with Lupus eight months ago. It is not a life-threatening disease; however it does cause him limitations in various activities with his flare-ups. In which he experiences weekly, especially if he goes up and down the stairs too many times or writing too much with school work. It varies on what causes his flare-ups; it has been less than a year so we are still learning what he should or should not do that causes flare-ups. He is home schooled which is to our advantage, because with his flare-ups he would miss many days of school or be late from morning stiffness. I am not trying to trivialize his condition, look for sympathy or a handout. I just need direction.

Currently I am not working (but looking for employment); therefore I do not have health benefits. My husband currently does skilled labor work, cleaning, painting, roofing, etc. until a he can find permanent employment. Funds are limited, however our two children do have healthcare insurance via Peachcare, but it does not cover all expenses that my 10 year old needs for his Lupus. We manage our basic expenses without filing for assistance, but some expenses that my son needs we cannot cover.

We have a concerned group of family and friends and a few of them mentioned that I can apply for social security disability benefits for my son with Lupus, but could not give details. I am told it can help him financially for services we cannot afford. I give you a brief overview of the situation so you will understand why I am asking these questions. Can I apply for disability for my son and is it a legal process that may cost me money to file? Is it a process that he may have to see other doctors that I may have to pay out-of-pocket expenses? Do I have to file for public assistance to get disability for him? Also, I need to file a 504 Plan with his school for testing and accommodations. How do I go about that? Please point me in the right direction.

Attorney Answers 2

Posted

Social Security benefits for children are one of the most difficult cases to prove -- the child obviously can't work so the medical evidence has to determine that the child cannot function normally based upon the illmess. Having a complete medical evidence of record and supportiove information from the child's doctors and schools are very, very important.

There is no cost to file for Social Security benefits -- simply call your local SSA office and set up an appointment. They do have onluine application's available, but you may be better off going in person or consulting an attorney first. If you do not have the funds to send your son to a doctor, Social Security can send him to a doctor to be evaluated and they will pay for that evaluation -- be warned though that most Social Security evaluations are that the person is not disabled.

Public assistance and social security benefits are totally different -- we do provide our clients with a list of social service organizations in our area to help them through the waiting period. There are an amazing amount of services and organizations who will assist people -- with day care costs; medical care; counseling; support etc.

One of the first things I would suggest is go to a social security attorney to talk to them about your sons disability and see if it meets the criteria. The second thing I woudl suggest is call an organization like Catholic Charities or Lutheran and Children Family Services to find out what kind of help there is available in your area.

Some drug companies have free prescription services for individuals --- there is a lot of help if you just start looking. Good luck.

Mark as helpful

2 found this helpful

1 lawyer agrees

Posted

If in doubt apply for Social Security for the child with or without an attorney, you don't need an attorney to do that. You do not know the outcome till you try. However be sure to provide all and I mean all medical evidence and supply the records yourself if possible as well as statements from relatives, teachers, and anyone else that might be even vaguely useful. if you get denied then definitely get an attorney. While child cases are unpredictable many attorneys will take the case. Also, there are social security advocates, non attorneys, who also handle these sort of cases.

Mark as helpful

1 lawyer agrees