Palos Hills, IL asked in Estate Planning and Social Security for Indiana

Q: What does the judges consider when going into disability hearing for my child

I'm trying to get ready for my daughter's hearing at the end of the month in January for disability but I don't know what to look for or what the judge is going to consider

1 Lawyer Answer
Lakeyta Brown
Lakeyta Brown
  • Social Security Disability Lawyer

A: I strongly urge you to seek the help of a SSA Attorney. Attorneys who handle Ssa Disability claims for adults and children who are applicants on “initial claims” (that means people who have not received benefits and are appealing to try to get them BUT NOT people who were getting benefits and now SSA is trying to end the benefit) usually do not charge a fee unless and until the person wins. The law on eligibility is too complex to explain in a message, especially without more details about your child. Also because a child has never paid into SSA the law generally has eligibility requirements related to parental income unless the child is eligible as a dependent of a parent who gets certain types of disability.

Finally, you should be advised that many SSA Judges will also question your child unless the child is extremely young. And more important, is what your child’s doctors are saying. A diagnosis is not enough. You need to make sure SSA has records showing how your child‘S condition is limiting the child since the date you applied and to the current date. Your testimony is not the sole or main basis of the Judge’s decision. In fact, unless you have good medical evidence that treatment is not helping your child, a judge may politely listen and just deny the claim because you did not meet your “burden of proof.”

You can contact your local free legal services agencies or the state Bar Association in Indiana to seek a referral to an attorney who does SSA claims in child cases. I advise that you do so immediately since you indicate the hearing is this month. Best wishes!

Tim Akpinar agrees with this answer

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