Roseville, CA asked in Family Law and Social Security for California

Q: Is there any benefits that my 17 year old special needs child will qualify for once she "graduates" from her school

She has epilepsy and is developmentally delayed due to brain abnormality. I get paid through In Home Support Services for her full time care. Since she will never be able to work as an adult, can she still get disability benefits?

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2 Lawyer Answers

A: It's worth calling into our SSDI department and speak with Adam Jeffery, Administrator 855-54-7841.

A: Your child may be eligible for Child SSI benefits now if your family meets income and resource limits. Even if your child isn't currently eligible for SSI due to too much income or resources, they may become eligible for SSI at age 18.

Also, the SSDI program pays benefits to adults who have a disability that began before they became 22-years-old. This SSDI benefit is considered a “child’s” disability benefit because it is paid on a parent’s SSDI record. To be entitled to this benefit, one of their parents must either be receiving Social Security retirement or disability benefits or have died and earned enough to qualify for SSDI.

General information about Child SSI and a child's benefit under SSDI can be found at https://www.ssa.gov/pubs/EN-05-10026.pdf.

It would be a good idea to talk to an experienced disability attorney about your child's particular situation. Most disability attorneys offer a free initial consultation.

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