babiesIf you’re on disability and you have a baby, most likely this will raise a number of questions. Do I need to tell anyone? Will the amount of my disability benefits change? Could my child qualify for benefits, too? Let’s find some answers.

Do you need to tell anyone?

Yes, you should report the birth of your child as soon as you can. If you receive SSDI or SSI, that means contacting Social Security. If you receive VA disability compensation, that means notifying Veterans Affairs. You will need to provide the appropriate agency with your baby’s full name, date of birth, and a copy of the birth certificate. We also recommend that you apply for a Social Security number for your new arrival as soon as possible and report that number, too. Prompt reporting keeps your record accurate and helps avoid missing potential benefits and avoids overpayments.

Will the amount of my disability benefits change?

If you have qualified for Social Security Disability Insurance (SSDI), the amount of your benefits typically stays the same.

If you have qualified for Supplemental Security Income (SSI), your monthly payment can move up or down depending on household income because it is a needs-based program. For example, if one of the baby’s parents reduces their work hours to care for the newborn and experiences a reduction in pay, the benefit amount could increase. Also check health coverage for your new baby. In many states babies often automatically qualify for Medicaid or Children’s Health Insurance Program (CHIP).

If you have qualified for VA disability benefits and your rating is 30% or higher, adding a dependent child generally increases the monthly benefit amount.

Could my child qualify for benefits, too?

Yes, a newborn can qualify for SSI benefits from birth if they have severe medical conditions like very low birth weight, certain genetic disorders (e.g. Down syndrome, Turner's, Trisomy 13), or severe growth failure (failure to thrive), or another medically determined impairment. Strong documentation from doctors (birth records, test results) is essential to obtain these SSI benefits.

SSDI benefits can be paid to a disabled child of people who have worked and paid enough in Social Security taxes and who have qualified for SSDI due to their disability.  The SSA has a strict definition of disability for children. A child must have a physical or mental condition that very seriously limits their activities, and the condition must have lasted, or be expected to last, at least one year or result in death.

If you are considering applying for disability benefits or if you believe you have been unfairly turned down for benefits, contact us at Cuddigan Law for a free evaluation of your situation. If you hire us, we only get paid when you win your case.

Sean D. Cuddigan
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SSA and VA Disability Attorney in Omaha, Nebraska
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