SSI Cessation 18 year old disabled girl denied after turning 18. Why she did not meet adult listing.

Asked about 1 year ago - San Leandro, CA

My granddaughter is mentally disabled, she has been on ssi since a child and when she turned 18 they denied her. we appealed and we are at the hearing stage. I challenged the social security doctors report and they sent her to another state doctor. She can not even graduate high school she is now 19 she is still receiving benefits because she can not live with out money. We feel she might need to be represented at the hearing in August. Can we get a Attorney that would represent her if we pay? Since most take cases due to the fact they get paid based on retro active benefits. she does not have that, I have all the records and social security CD records . Please advise. Help is needed. or any suggestions helpful please.

Additional information

What type of order does the paper work need to be in and what if the claimant does not show up and I go in her place. she has mental illness and it is hard to get her out and up on many days.

Attorney answers (3)

  1. Scott M. Daniels

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . I would reach out to local disability lawyers in your area. While most take cases "on contingency" of winning the claim, social security rules do allow attorneys to operate on a "retainer" basis. All attorney fees must be approved by Social Security and at a hearing, there is nothing preventing the attorney from questioning you on you voluntarily and willfully agreeing to the fee structure in this particular case. As for your granddaughter appearing at the hearing, I would say this is imperative. A Judge will certainly want to develop the record by taking the testimony of the allegedly disabled claimant and you, as the grandmother, have an opportunity to offer lay witness testimony. This can be elicited by your attorney, or if you are not represented by an attorney, you can appear at the hearing with your granddaughter and explain to the Judge that you would like to offer lay witness testimony on behalf of your granddaughter. The purpose of it would be to explain how your granddaughter is limited in various ways by her impairments. Good luck.

    Any information obtained from this answer should not be treated as legal advice and in no way creates the... more
  2. Ingrid Arnalda Morfa

    Contributor Level 16

    2

    Lawyers agree

    Answered . The reason why she was denied when she became an adult is because disability is defined differently for children and adults. You have 60 days from the denial date to appeal. Finding an attorney will not be very difficult because you don't pay anything up front. Fees are agreed to with the fee agreement but the attorney does not get paid until he wins the case. Also, there is only payment if there is back pay and if the Social Security Administration approves the fees.

    You can find an attorney here on AVVO. Select "find a lawyer." then type in "social security disability" and your zip code.

    I wish you and your granddaughter the best of luck.

  3. Lee Alan Thompson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If I'm understanding this correctly, she would need too file the next step, should be a request for reconsideration. Attorney fees should be based on a percentage of the back amount. See a social security attorney.

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