There are cases of children receiving social security disability benefits for Autism. This is an avenue that your family may wish to explore. The information provided below is not to be taken as legal advice. It has been copied from the Social Security Administration website (www.ssa.gov) to assist you in determining whether or not you should pursue this option further.
If you believe your child may qualify for this benefit after reviewing the material below, The Chase Academy recommends that you meet with an attorney that handles social security disability cases to determine whether or not you have a viable claim. This will not cost you anything, and in most cases, you will not be required to pay for attorney fees if your claim is not approved. If the claim is approved, the legal fees are usually deducted from the social security back pay you will receive, so that there is no out-of-pocket burden to the family. The Chase Academy recommends the services of Attorney Luis Gracia of Rue & Ziffra at 632 Dunlawton Avenue, Port Orange, FL 32127. Their office can be reached at 386-788-7700. Please ask for Tina or Lauren, and tell them that you were referred by Eileen Taft, Director of Funding. The Chase Academy does not receive any compensation or benefit for this referral. This is simply a service to help point you in the right direction. SSI is a Social Security disability program that provides benefits to a disabled child if:
- He or she has an impairment or combination of impairments that meets the definition of disability for children and
- the income and resources of the parents and the child are within the allowed limits.
Social Security has a strict definition of disability for children.
- The child must have a physical or mental condition(s) that very seriously limits his or her activities; and
- The condition(s) must have lasted, or be expected to last, at least 1 year or result in death.
A state agency makes the disability decision. They review the information you give to the Social Security Administration (SSA). They will also ask for information from medical and school sources and other people who know about the child.
If the state agency needs more information, they will arrange an examination or test for the child, which SSA will pay for.
The chart below can be used as a tool to help you determine whether or not your family may qualify for this benefit.
Earned Income is wages, earnings from self–employment, certain royalties and honoraria, and sheltered workshop payments.
Unearned Income is all income that is not earned, such as Social Security benefits, pensions, State disability payments, unemployment benefits, interest income, and cash from friends and relatives.
Some of your income may not count as income for the SSI program. Examples of payments or services that are not counted as income for the SSI program include but are not limited to:
- the first $20 of most income received in a month;
- the first $65 of earnings and one–half of earnings over $65 received in a month;
- the value of food stamps;
- income tax refunds;
- home energy assistance;
- assistance based on need funded by a State or local government;
- small amounts of income received irregularly or infrequently;
- interest or dividends earned on countable resources or resources excluded under other Federal laws (effective July 1, 2004);
- grants, scholarships, fellowships or gifts used for tuition and educational expenses (effective June 1, 2004);
- food or shelter based on need provided by nonprofit agencies;
- loans to you (cash or in–kind) that you have to repay;
- money someone else spends to pay your expenses for items other than food or shelter (e.g., someone pays your telephone or medical bills);
- income set aside under a Plan to Achieve Self–Support (PASS). See the SSI Spotlight on Plans to Achieve Self–Support;
- earnings up to $1,460 per month to a maximum of $5,910 per year (effective January 2006) for a student under age 22. See the SSI Spotlight on Student Earned Income Exclusion;
- the value of impairment–related work expenses for items or services that a disabled person needs in order to work. See the SSI Spotlight on Impairment–Related Work Expenses;
- the value of work expenses that a blind person incurs in order to work. See the SSI Spotlight on Special SSI Rule for Blind People Who Work;
- disaster assistance;
- certain exclusions on Indian trust fund payments paid to American Indians who are members of a federally recognized tribe.
As an example: suppose you have 3 children in your family, your monthly gross wages are $1900.00 and your spouse’s monthly gross wages are $2500.00.
| $4,400.00 | combined monthly gross wages |
| <20.00> | not counted |
| $4,380.00 | |
| <65.00> | not counted |
| $4,315.00 | divided by 1⁄2 |
| $2,157.50 | countable income |
It is important to understand that your countable income of $2,157.50 does not exceed the limit of $4,042.00 (from the chart below) as does your combined monthly gross wages of $4,400.00, so in this you would certainly want to speak with an attorney as you may indeed be eligible.
The Deeming Eligibility Chart for Children does not apply when:
- The parent(s) receives both earned income (e.g., wages or net earnings from self–employment) and unearned income (e.g., Social Security benefits, pensions, unemployment compensation, interest income, and State disability).
- The parent receives a public income maintenance payment such as Temporary Assistance for Needy Families (TANF), or a needs–based pension from the Department of Veterans Affairs. The parent pays court–ordered support payments.
- The child has income of his or her own.
- Any ineligible child has income of his or her own, marries, or leaves the home.
- There is more than one disabled child applying for or receiving SSI benefits.
To apply for disability benefits for a child, you will need to complete an Application for Supplemental Security Income (SSI) AND a Child Disability Report. The report collects information about the child’s disabling condition and how it affects his/her ability to function.
At this time, only the Child Disability Report can be completed online. You must contact SSA to schedule an appointment to complete the SSI application (1-800- 772-1213). They will help you in person or by phone. Representatives are available Monday through Friday between 7 a.m. and 7 p.m.
If you decide to go to an attorney, (s)he should be able to assist you with this application process.
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