Social Security and Disability Law

When Disabled Children Reach 18 Years of Age in NJ

A disabled child (under the age of 18) can be considered for both Social Security Disability insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits if they meet the definition of disability for children under Social Security rules and regulations. Generally speaking, to qualify a child must not be working or earning more than $1,000 a month as of 2011, and be disabled with a physical or mental condition that results in “marked and severe functional limitations”. This means the condition must be serious in terms of limiting your child’s activities. Finally, the child’s condition must have lasted or expected to last at least twelve months or result in death. Some examples of conditions that will qualify a child for disability benefits are:

  • HIV Infection
  • Total Blindness
  • Total Deafness
  • Cerebral Palsy
  • Down Syndrome
  • Muscular Dystrophy
  • Severe Mental Retardation (children age 7 or older)
  • Low Birth Weight (below 2 pounds, 10 ounces)
For disability purposes, a child becomes an adult at age 18. At that point, Social Security will use medical and non-medical rules for deciding if a child, once they turn 18, can continue to receive benefits. It is strongly recommended that you retain the services of an experienced disability attorney if you have a child who is disable and they qualify for any type of Social Security benefits. We at Schibell, Mennie & Kentos, LLC., are available to assist you with any questions pertinent to these issues.

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