Obtaining
SSI for Children Under Age 18
by
Herbert D. Hinkle, Esq. and S. Paul Prior, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
Supplemental Security
Income (SSI) is a federal cash benefits program available to people
who are elderly, blind, or disabled and who have a limited income.
Also, a person cannot have more than $2,000 in countable resources,
such as a bank account or other property.
The monthly SSI
benefit usually ranges between $400 and $600 per month. A person eligible
for SSI is automatically entitled to Medicaid or Medical Assistance,
which can often be more important than SSI itself.
Under the SSI
rules, the income and resources of a parent are "deemed"
to be those of the child with a disability under the age of 18 and
living at home. Thus, many children under 18 are ineligible for SSI.
However, in some circumstances, the parentsâ income and resources
are not "deemed" to the child. This occurs when a child
is residentially placed at a specialized school or program for children
with disabilities, and is not viewed as temporarily absent from home.
In a case handled
by this office, a Social Security Administrative Law Judge examined
several factors in determining whether the child was ãtemporarily
absentä from the home. The factors reviewed by the Judge included
whether the child returned home on weekends, holidays, and vacations.
The Judge also examined the nature of child's educational program.
After weighing these and other factors, the Judge concluded that although
the child returned home on occasion, his absence was long-term, and
therefore, awarded full SSI benefits.
Whether your child
is eligible for SSI will depend almost entirely on the facts of your
case. However, in the authorsâ experience, eligibility for SSI
is an issue worth exploring.
Copyright 2002
H.D. Hinkle. All rights reserved.
Mr. Hinkle maintains
a multi-state law practice with offices in Lawrenceville, Florham
Park, and Marlton, NJ, and Yardley, Pa. Mr. Hinkle and his colleagues
Ira Fingles, and Paul Prior lecture and write frequently on topics
of law, aging, and disability, and are available
to speak to groups in New Jersey and Pennsylvania
at no charge. Call (609) 896-4200.
