What Should You Do If Your Child's Request For Disability Benefits Is Denied?


If your child suffers from a disability that significantly impacts his or her ability to perform necessary daily tasks, he or she may qualify for federal disability benefits under the Supplemental Security Income (SSI) program. This program can help provide a monthly stipend to help defray the costs of physical or occupational therapy, extended childcare, medical expenses, and other expenses associated with the care of a disabled child. However, the majority of disability claims are denied upon application, and an even greater proportion (up to 85 percent) are denied again upon appeal. What should you do if your child's disability request is denied? Read on to learn more about some of the common reasons for denial of a claim, as well as how you can increase your odds of success upon appeal.

What are some of the reasons your claim may be denied? 

When you receive a denial letter, it should set out the specific factors considered in your child's case, as well as why the claim was denied. In some cases, this is a fairly easy issue to resolve -- for example, if the claim was denied due to insufficient medical documentation of the disability, or because you didn't provide enough evidence that your child is unable to perform certain tasks. 

In other cases, your child may be ineligible for SSI benefits. Because there is a strict dollar limit on the amount of assets you're permitted to have at your disposal while receiving SSI (even if your child is receiving these funds and the assets are not in his or her name), if your household assets exceed this amount, your child's claim will be denied. Currently, you're permitted to have no more than $2,000 in liquid assets ($3,000 if you're married) if you're receiving SSI.

If your household's asset level excludes your child from SSI, you may be able to apply for benefits for your child under the Social Security Disability (SSD) program. This will use your taxed earnings (and your child's other parent's earnings) to calculate a monthly disability payment. Your child will then be able to claim benefits on your Social Security record, just as you would be able to if you became disabled.

What should you do before filing an appeal?

Many appeals are denied because some of the issues with the initial application weren't corrected, or the appeal is simply a copy of the initial application. Be sure to carefully review the denial letter you were provided to ensure that your appeal addresses these concerns.

If the denial letter cites to any specific statutes or regulations, you'll want to look those up as well. In some cases, you may want to consult an attorney, such as Law Offices Of Russell J. Goldsmith, for an interpretation of these rules and advice on what you can do or provide to comply with them. 


23 June 2015

My Day in Court

When I sued a product manufacturer after a disfiguring accident, I never expected to actually go to court. I assumed that the case would eventually be settled, like most personal injury cases are. To my surprise, they wouldn't budge, and we ended up having to go all the way to court. I was pretty nervous about testifying, but I had a great attorney that prepared me well, and everything went smoothly. In the end, the jury saw things my way. I realized that I probably wasn't the only person to ever experience an unexpected day in court, and that's how I got the idea to start this blog. If you're looking for tips to help you prepare or wondering what to expect when you go to court for a lawsuit, this blog contains important information for you.