Can I file for Social Security Disability for my two year old autistic son?

Asked about 3 years ago - Wise, VA

My son has many therapists and Im a father of five who needs help with the financial burden of his care and well-being, I want to do everything in my power to help him, but some of the services offered are not fully covered with his insurance.

Attorney answers (3)

  1. Gerald Gregory Lutkenhaus

    Contributor Level 18

    Answered . You have a difficult situation. You can file for Supplemental Security Income (SSI) for him. This is essentially Welfare Disability so you do have to pass a means test. If you can pass this and you have the support of your health care providers, then you may have a chance at this. I practice Social Security Law in Virginia but Wise County, Virginia would probably be too far. I would suggest the Nosscr.com website for a SS attorney near you.

    This response is meant to be information only and should not be considered to be legal advice. This information is... more
  2. Robert C. Alston

    Contributor Level 14

    1

    Lawyer agrees

    Answered . First let me say my prayers go out to you. We have a cousin who has an autistic son and I know the challenges.

    For a child to get "disability" in this case, it would be under the SSI program of Social Security. That means you must satisfy a means test. Consequently, you must not have much in the way of resources (money) or income. This is a fact specific determination so it is good idea to apply and Social Security will make the determination if you meet the means test.

    If you meet the test then you will have to prove your son is disabled according to Social Security's rules. Proving disability of a child is a difficult task. In fact many attorneys will not take these cases due to the low likelihood of success. However, I do take selected cases depending upon the facts and I have been successful. While rules governing childhood disability are complicated, in a nutshell, the child's functioning and progress is compared to their peers. It is this comparison that is used to create a picture of how the disability affects the child and if it is severe enough to award benefits.

    I hope that gives you a starting point.

    Actual legal advice can only be provided by an attorney licensed in your jurisdiction, with experience in the area... more
  3. Brian S Wayson

    Contributor Level 19

    Answered . My colleague has provided you with solid advice, I hope you will use his wisdom in your decision making.

    Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice,... more

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