Legal > General AdviceJuly 13, 2011

Can an Injured Child Qualify for Disability Benefits?

My son was hit by a car last year and suffered a broken leg and major tissue loss to that leg. He is walking with a crooked leg and will need numerous surgeries in the future for the skin replacement. He can't run without falling. He has pain due to the weather and I have trouble finding him shoes that fit his foot comfortably. Does he qualify for disability?

By Sherry

Answers

Read answers for this post below.

By
07/24/2011

It will pretty much hinge on whether or not his "disability" or "condition" is expected to be permanent, or severelty affect his quality of life for the rest of his life. If you have not already had him to many many different doctors then they will ask you to take him to see a doctor or doctors of their choosing. Apply, the most they can do is deny your claim. It's not a whole lot that they will pay- up to $600 and something a month, but that will help. If you receive child support for him then that will also lower the amount they pay you, as will your income. My daughter is Autistic, has ADHD, ODD, and Developmental Delays and has since she was a baby. She's 14 now, and has been receiving SSI since she was around 8 or 9. They approved her claim rather quickly because she has seen numerous doctors and SLP's for her speech problems. It can be a long process, but is worth it. They pay back until the time you apply if it is approved, so don't wait. The hardest part is gathering all the information that they ask for. Names, adresses, and phone numbers for doctors, schools, specialists, etc. Good luck!

By
07/14/2011

Why not just apply at the SS office? You have already recieved three different answers to your question. How do you know if any are the right one? Only the SS office can tell you. However, just so you will know disability requirements have nothing to do with your income. There are some very wealthy people who are no longer abl;e to work who draw disability. Second just apply at the office. You will not need a lawyer unless you are denied once, then denied again at an appeal. No matter what we tell you, you can't get a dime until you apply so you might as well do it.

By
07/13/2011

You may also want to look for the local legal aid office for guidance in filing for social security; as many applications are initially rejected. I cannot imagine he will not qualify, but it may take a little time! But you should apply!

By
07/13/2011

Did you have an attorney for the accident? If you did, ask them.

By
07/13/2011

Contact the social security office and apply. All they can do is deny the claim. It will also depend on your income. Also it will probably depend on weather or not you have medical insurance.

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