LawHelp State Frequently Asked Questions

LawHelp.Org/LA is Administered by Southeast Louisiana Legal Services

LawHelp/LA Home > Disability > Disabled children, and disabled adults who can't work: Social Security and SSI benefits

Larger Text

SSI Disabled Child Benefits: Who is Eligible?
by: Acadiana Legal Service Corporation
Q.	Is it true that children with ADHD or behavior problems can no longer get SSI?

A.	NO. They have the same rights to an evaluation and appeal as children with any other disabilities, and might still be eligible.

Q.	Is it true that a child in Special Education is automatically eligible?

A.	NO. However, any special help a child receives at school is considered in determining disability. If a child receives any extra help from teachers or school staff for any reason that information is important to his/her claim.

Q.	Is information besides medical reports and school records used to determine disability?

A.	YES. Any information about how a child's health problems affect his/her ability to learn, play, and function in daily life is important. Information from people who have direct experience of a child's problems, such as case managers, after school tutors, Sunday school teachers, etc. can be used.

Q.	Will children's benefits automatically stop when they turn 18?

A.	NO. However, the Social Security Administration (SSA) will re-evaluate all children every three years, and shortly before or after they turn 18. Benefits will continue during the re-evaluation. If SSA determines that the child is no longer disabled, there is a right to an appeal.

Q.	Can children continue to receive benefits while appealing a decision they are no longer disabled?

A.	YES. If the appeal is filed within 10 days of the SSA decision, a child can continue receiving benefits.

Q.	If the appeal is denied, will the benefits have to be repaid?

A.	NOT IF the payee requests a Waiver of the overpayment and certain conditions are true. If the child's parent made the appeal in good faith and attended all SSA meetings or appointments, a waiver of overpayment should be granted.

Q.	If SSA determines a child is not disabled and stops the check, can the child still get a Medicaid card?

A.	MAYBE. The child may be eligible for Medicaid under another program. Parents should contact the Medicaid office for more information.


	Search

	Tips on Searching


	Live Chat by LivePerson

Find Legal Help On Disabled children, and disabled adults who can't work: Social Security and SSI benefits

Related Resources

Social Security Overpayments: Your Rights
By: New Orleans Legal Assistance

Social Security or SSI overpayments: What should you do?
By: Acadiana Legal Service Corporation

Public Benefits and HIV/AIDS
By: AIDSLaw of Louisiana, Inc.

more...

	Last Reviewed On: 09/10/02

Information Not Legal Advice. This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice depends on the specific facts of each situation. Some information in this web site may not be correct for where you are. The information in this web site is not guaranteed to be up-to-date. The information in this web site cannot replace the advice of competent legal counsel licensed in your state.

Lawyer Advertising. In some jurisdictions this web site may be considered lawyer advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.

Any listing of an attorney does not constitute a recommendation of the attorney. Before hiring any attorney, you should investigate the attorney's reputation and qualifications.

Links. This web site contains links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that we sponsor or are affiliated or associated with the persons or entities who created such site, nor are the links intended to state or imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

E-mail. Viewing this Web site, or transmitting an e-mail message through this Web site, does not create an attorney-client relationship. Sending e-mail to an attorney mentioned in this site does NOT create an attorney-client relationship between you and the attorney. Unless you are already a client of the attorney, your e-mail may NOT be protected by the attorney-client privilege. Moreover, unless it is encrypted, e-mail can be intercepted by persons other than the recipient. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Many people do not check their e-mail daily, and some attorneys do not respond to unsolicited e-mail from non-clients.

Your Support Makes A Difference!