As mentioned previously, Social Security applies a different disability standard for children than for adults. Because of this, all children receiving SSI benefits have a redetermination of their eligibility upon attaining the age of 18. The SSA’s regular adult disability definitions and rules are used at this time.
Children receiving disability benefits may be intermittently subject to CDRs before turning 18. As it does for adults, Social Security follows a multi-step process for children. SSA examines whether the child’s condition has medically improved. If not, benefits continue subject to some limited exceptions.
If yes, the analysis moves to the next step where the SSA reviews whether the child’s medical condition meets or equals the requirements of the “Listing” met at the time disability was first established. SSA also has a list of child medical conditions it considers disabling in its “Listings of Impairments.” If the requirements are met, benefits continue. If not, then the next step occurs where the SSA considers each of the child’s medical conditions and determines whether any of them meet the regular disability standards for children.
A CDR for children may be undertaken approximately every three years the child’s condition is expected to improve. However, a CDR may occur even if there is no expectation that a child’s condition will improve. If a child was disabled based on low birth weight, a CDR will typically take place when the child reaches age one. When conducting a CDR, the SSA may request a child’s representative payee to provide evidence that the child is, and has been, getting treatment medically necessary and available for the applicable condition.
Do you have a potential Social Security disability claim? To improve your chances of meeting all of the requirements for the allowance of a claim (and avoiding the denial of benefits), retain the services of a qualified Kentucky Social Security Disability attorney. Contact Sullivan Law Office today. We offer free consultations, so you have absolutely nothing to lose! We look forward to hearing from you. Call 888-587-0228 or visit us online.