9.3 Children’s Benefits Flashcards
What are the eligibility criteria for children to receive SSI benefits?
Answer: “Children must have a medically determinable physical or mental impairment that causes marked and severe functional limitations and is expected to last at least 12 months or result in death.”
Explanation: “Unlike adults, children are not evaluated based on their ability to perform work.”
Source: CFR §416.906.
How does SSA determine financial eligibility for children’s SSI benefits?
Answer: “SSA considers the income and resources of parents or guardians living in the same household.”
Explanation: “This process, called ‘deeming,’ adjusts the child’s eligibility based on household financial circumstances.”
What types of evidence are needed for a child’s disability claim?
Answer:
“1. Medical records demonstrating the impairment.”
“2. School records and Individualized Education Plans (IEPs).”
“3. Statements from teachers or caregivers.”
Explanation: “Comprehensive evidence helps SSA evaluate the impact of the child’s impairment.”
Case Scenario: Emma, age 12, has cerebral palsy and receives SSI benefits. Her parents’ income is $3,000 per month. SSA reduces Emma’s SSI benefits due to her parents’ income.
Question: What is the process SSA uses to reduce Emma’s SSI benefits?
Answer: SSA uses the “deeming” process to count part of the parents’ income as available to the child when determining SSI eligibility and benefit amounts.
Legal Explanation: For children under 18, SSA “deems” income from parents living in the same household, applying specific exclusions to calculate countable income.
Key Resource: CFR §416.1165 – Deeming income from parents to children.
Key Takeaway: For child SSI recipients, SSA reduces benefits by deeming part of the parents’ income as available to the child.
Children’s Benefits:
SSI for children considers parental income through the deeming process.