Question about disability benefits

Discussion in 'The Watercooler' started by Californiablonde, Oct 16, 2012.

  1. Californiablonde

    Californiablonde Well-Known Member

    So I've been tossing around the idea of applying for social security benefits for difficult child 1 for several years now. I finally researched it online. I found a number to a law firm that gives free legal advice to those who are applying. The man that called me back asked me a little bit about difficult child 1's history. He asked me if she is attending a special school for her bipolar and learning disabilities. I told him that she goes to a regular high school, but that she is in mostly all ED self contained classes. He told me that automatically she would not qualify to receive benefits because she goes to a regular school. I told him that her disability really interferes with her functioning, but he was adamant that difficult child does not qualify because she isn't going to a specialized school. A few years ago we had a neighbor who was also bipolar and was receiving benefits. When I asked her mom how she got qualified, she told me that all she had to do was provide IEP documentation from the school and get a history of all of her daughter's psychiatrist appointments. She never said anything about going to a special school. Has anybody applied for disability for one of their school aged children and gotten benefits without having your child attend a specialized school? Something about what this attorney told me just doesn't sound right.
     
  2. InsaneCdn

    InsaneCdn Well-Known Member

    Free advice is often worth what you pay for it...
    Some of these people are looking to cherry-pick easy cases and charge a fee for helping with what would be a slam-dunk anyway. Just because it isn't the most obvious slam-dunk doens't mean you don't have a case. JMO, of course.
     
  3. lmf64

    lmf64 New Member

    When difficult child was 6 I was encouraged to apply for SSI for him. At that time I wasn't able to work because he was so needy. I applied and the day after the interview (at SS office) the lady called me to tell me there was a check on the way. He has never attended a special school. They only needed the info as to who his psychiatrist was and any diagnosis. I was prepared for the denial and appeal and was totally shocked when without him seeing their doctor or anything he was approved. It doesn't hurt to apply for your difficult child. The amount he will get will depend on your income and the child support amount he is to receive (court ordered support).
     
  4. DDD

    DDD Well-Known Member

    The guy is full of it. Period.

    If you have kept documentation of your child's medical care and evaluations take them with you and go to the social security office, take a number and when you are called ask how you proceed. It can be done online. There is also a toll free number to provide information and guidance. My elementary age grandson was awarded disability benefits when he was around nine. His Mom applied and received monthly checks until he was eighteen (he lived with me and we did not know about it, sigh).

    Recently I learned that once you apply you must keep applying without taking a year off or whatever. If you stop the quest for payment the retroactive payment only goes back to the date when you began consistently attempting to get approved. Based on information you have provided before you may also be eligivle for Food Stamps to help you out. That, too, can be applied for online and is evidently really easy to do. Good luck. DDD
     
  5. DammitJanet

    DammitJanet Well-Known Member Staff Member

    He is full of it.
     
  6. Californiablonde

    Californiablonde Well-Known Member

    That's what I thought too, Janet. I'm going to go ahead and apply. Can't hurt any plus I can always appeal.
     
  7. witzend

    witzend Well-Known Member

    Get all your documentation ducks in a row and file. Be sure her docs know and are ready to support you.
     
  8. TeDo

    TeDo Guest

    I've applied for difficult child 1 and was denied. They didn't want any of the records I had, they wanted to request their own copies. Well, they picked only the medical records and based their decision solely on those as they applied to his ADHD ONLY. Their comment was that as long as he took his ADHD medications, there was no significant impairment. Ummmmm, what about all the rest of his diagnosis's?!? I appealed and sent them (whether they wanted them or not) copies of school records (from the 2 schools he was all but forced out of) AND social services reports and notes AND all paperwork from the therapeutic respite facility he was in for a week. I also found some online functional skill assessments that I printed out and filled out with detailed explanations on how difficult child 1 does or doesn't do on each and every one of the questions. I'm still waiting to hear back from them and that was 2 months ago. At least I have hope they are at least considering it.
     
  9. DammitJanet

    DammitJanet Well-Known Member Staff Member

    The qualifications that have to be met for a child to get SSI (which is what they get, not actual disability-the two are not the same thing) are: The child must not be able to keep up with their same age peers in comparable areas. This doesnt mean T ball or football but reading, comprehension, emotional stability, things like that. You also have to have proof of all the medical diagnosis of why this is occurring. Then you have to meet the income guidelines. Your child can be medically eligible for SSI but ineligible because you make too much money.
     
  10. Californiablonde

    Californiablonde Well-Known Member

    difficult child 1 definitely is way behind in her emotional and maturity level. She definitely does not measure up to her peers. I really think she may qualify, but I might be making too much money. If SSI has the same guidelines as welfare does, then I definitely make too much money. I am going to go ahead and apply for it and see what happens.
     
  11. lmf64

    lmf64 New Member

    It won't hurt to apply
     
  12. DammitJanet

    DammitJanet Well-Known Member Staff Member

    It doesnt have the exact same guidelines but there is a top cap. If you are under that top cap and I cant remember what it is right now and it wouldnt do you too much good for me to tell you what it was when I was getting it for Cory because it was back in 2000. I was making around 24K I think. But that was in NC and CA may have a higher cap plus the cap may have increased since then though I think the payment has only increased about a $150 or slightly more in those 12 years.

    What happens though if you do make it under that maximum cap but even if just barely, they do a mathematical formula on your income that counts your other child into it and some expenses and it spits out a monthly payment. I used to get about $45 a month when I was working but the main thing I wanted was the medicaid for Cory. I could have never accessed all the services he needed without that medicaid card. Most insurances simply dont pay for the things that medicaid does.
     
  13. ctmom05

    ctmom05 Member

    I'm kind of curious why you would play with the idea for so long and not go forward with it?
     
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