Virginia SSI Benefits for Children: How to Qualify for Disability Support

According to data from the U.S. Census, over three million American children, approximately four percent of children, live with a disability.

Disabled children require more time, money, and resources to take care of, which can create an immense strain on the family. Luckily, there are federal programs to alleviate that strain on parents and caregivers.

Learn about children’s Social Security benefits, who qualifies, how you can apply, and how Montagna Law can support you and your family members while you fight for your child. Call us today to schedule a free consultation at 877-622-8100.

What Are Social Security Disability Benefits for Children?

Supplemental Security Income (SSI) can be paid to children, and Social Security Disability Insurance (SSDI) can be paid to disabled adult children (DAC) based on their parents’ work record and their disability status. The Social Security Administration (SSA) has its own definition of disability, and each benefit program for dependent children has its own criteria that need to be met.

Who is Considered a “Child” for SSI?

The Social Security Administration (SSI) defines a “child” under specific categories for benefit purposes. A child must be:

• Unmarried and under age 18, or
• Unmarried, between the ages of 18 and 19, and attending elementary or secondary school full-time (grade 12 or below), or
• Age 18 or older with a disability that started before age 22

Children can receive SSI benefits from birth if they meet both disability requirements and financial criteria. SSI provides monthly payments to help families with low-income children who have qualifying disabilities.

The child’s eligibility depends on:

• Medical condition severity
• Family income levels
• Available resources
• Living arrangements

To receive benefits, the child must have a physical or mental condition that causes marked limitations in daily activities. The condition must last or be expected to last at least 12 months or result in death.

How to Get Disability in Virginia for Your Child: Understanding Disability and Eligibility

A child is considered disabled and eligible for benefits if they:

• Have a “medically determinable physical or mental impairment” (or combination of)
• These impairments result in “severe functional limitations”
• Impairment lasts, or is expected to last, for a period of at least one year or to result in death

In some cases, a child with a medical condition or mental condition that qualifies for a disability can be eligible to receive SSDI.

Working with a Virginia Social Security disability benefits attorney can help you evaluate any potential child benefits, see if you meet eligibility under federal guidelines, and file the correct paperwork for dependents’ benefits.

What Qualifies a Child for Virginia Disability Benefits?

For your child to qualify for Social Security disability in Virginia, during the application process, you must follow federal guidelines and rules for filing.

The first thing the SSA will look at is if the disabled adult child is legally yours, whether by blood, adoption, or, in some cases, a stepchild, grandchild, or step-grandchild. The next eligibility benchmark will be to determine if your child is disabled under the above-noted federal definition of disability.

If so, then the SSA will consider your household income and resources to ensure they fall within the eligibility limits. State eligibility will vary, and in Virginia, a team consisting of a staff physician or clinical psychologist, along with a professionally trained analyst, will determine if your child is disabled.

Once your child is approved to be qualified for Social Security disability and your family meets low-income thresholds, you can move forward with your application.

What Disqualifies Children From Receiving Social Security Disability in Virginia?

Aside from not meeting the definition of having a disability as outlined by the SSA, there are a few other reasons that may lead to your child’s disqualification from receiving Social Security disability. In Virginia, the amount of potential benefits your family can receive for your child is determined by the federal Deeming Eligibility Chart. Not all states follow the same formula and may have their own criteria, but Virginia uses the federal model.

The formula considers how many parents are in the household, the amount of parents’ gross monthly income, and if any type of income can be discounted (e.g., receiving money for providing foster care to an ineligible child). Other factors that may disqualify your child from receiving a disability benefit under a “child’s” status are if they:

• Earn their own income that exceeds federal guidelines for benefits
• Get married
• Leave the home

Additional factors that may disqualify are in a scenario where more than one child applies for or is receiving disability benefits, or if the state supplements the federal benefit. Virginia does not supplement federal disability benefits for children.

Can a Child of Disabled Parents Receive Disability Benefits in Virginia?

Children can receive Social Security disability benefits through their parents’ Social Security record under specific conditions. To qualify, the child must be:

• The biological child, adopted child, or dependent stepchild of a parent who:
  • Receives Social Security retirement or disability benefits, or
  • Has died but earned enough Social Security work credits
• Unmarried and either:
  • Under age 18, or
  • Age 18-19 and a full-time student in elementary or secondary school

For children with disabilities who are 18 or older, additional requirements apply:

• The disability must have started before age 22
• They may qualify for Disabled Adult Child (DAC) benefits
• Benefits continue as long as the disability persists

These Social Security payments help support dependent children based on their parents’ work history. The child does not need their own work credits to receive these benefits.

How Much Does A Child Get If A Parent Is On Disability

When a parent receives Social Security Disability Insurance (SSDI), their children may qualify for dependent benefits. The Social Security Administration calculates these payments as follows:

• Each eligible child receives up to 50% of the parent’s monthly SSDI payment
• For example, if a parent receives $1,200 monthly, their child may get $600

The Social Security Administration sets limits on total family payments:

• Combined family benefits range from 150% to 180% of the parent’s full benefit
• Multiple eligible family members share this maximum amount
• The total payment is divided among all qualifying dependents

Key factors affecting payment amounts:

• Parent’s primary benefit amount
• Number of eligible family members
• Family maximum benefit threshold
• Child’s individual eligibility status

These dependent benefits help families maintain financial stability while a parent receives disability payments. The Social Security Administration adjusts payment amounts based on changes in family circumstances or benefit levels.

How Long Does a Child Receive Social Security Benefits From a Disabled Parent?

The Social Security Administration provides benefits to children of disabled parents according to specific age requirements and conditions:

Standard Age Limits

• Benefits continue until age 18
• Payments extend to age 19 for full-time students in elementary or secondary school
• Benefits stop at graduation if before age 19

Special Circumstances

Children with disabilities that began before age 22 may receive Disabled Adult Child (DAC) benefits. DAC benefits continue as long as:

• The disability remains present
• The recipient stays unmarried
• They meet other eligibility rules

Benefit Termination

• Benefits stop automatically the month before a child turns 18
• Full-time students must submit proof of school attendance
• The Social Security Administration reviews DAC cases periodically to verify ongoing disability

The Social Security Administration requires updates about changes that could affect payment status, such as marriage, school enrollment changes, or improvements in medical conditions.

Do Disabled Children Lose Their Social Security Benefits When They Turn 18?

A child can collect SSI benefits from birth to 18 years old. An exception is if they are a full-time elementary or high school student until they are 19 years old or have a qualifying disability. Once they reach adulthood, they can still receive disability benefits under the SSDI program.

The disability must have begun before they turned 22 years old. SSDI is considered to be a “child’s” benefit program because benefits are calculated on the child’s parents’ Social Security earnings record. Under federal law, it does not matter if the DAC has ever worked since the government calculates benefits based on the parent’s earnings record. There are other stipulations the parents must meet. It is a good idea to speak with a knowledgeable Virginia Social Security disability attorney.

Who is Responsible for Managing a Child’s Social Security Benefits in Virginia?

Since children or legally incompetent adults do not manage their own money, a representative payee handles this task. This is a person, organization, agency, or institution that the SSA selects to manage benefits. Alternatively, the federal agency may designate a person to serve as a representative payee. This important role is usually filled by a:

• Parent, spouse, guardian, close relative, or friend
• Healthcare provider
• Nursing home
• Financial organization
• Public or nonprofit agency
• Administrative officers at homeless shelters
• Community-based non-profit agencies approved by SSA (these agencies are permitted to charge a fee)

The representative payee will be held accountable for managing benefits and is required to present an accounting report indicating where SSA benefits were spent and/or how much was saved. They are also required to report any changes that may impact benefits eligibility.

How to Apply for SSI for a Child in Virginia?

To apply for SSI benefits for your child in Virginia, follow these steps:

Medical Review

• Check if your child’s disability meets the 12-month duration requirement
• List all medical conditions and limitations
• Gather medical documentation and treatment records

Financial Assessment

• Calculate household income and resources
• Review SSI financial limits
• Document all family assets

Required Documents

• Child’s birth certificate
• Social Security number
• Medical records
• Virginia residency proof
• Family financial statements

Application Process

• Start online at SSA.gov
• Fill out the Child Disability Report
• Schedule an SSA interview
• Submit all documentation
• Complete the disability evaluation

After Submission

• Virginia Disability Determination Services reviews the case
• If approved, monthly SSI payments begin, and Medicaid eligibility opens
• If denied, file an appeal within 60 days
• Consider legal help for denied claims

The Social Security Administration processes applications based on both medical and financial criteria. Keep copies of all submitted documents and maintain communication with SSA throughout the review period..

Are There Requirements for How to Use My Child’s SSI Payments?

Yes, there are limitations to how a child’s SSI payments can be used. The representative payee’s responsibilities include managing benefits and acting in the recipient’s best interests. They ensure the individual receiving disability benefits receives food, clothing, medical care, housing, and personal comfort items. Any residual money goes into an account, usually an interest-bearing account, such as a savings or certificate of deposit.

How Can a Virginia Social Security Disability Lawyer Help?

Working with a Virginia Social Security disability attorney can help alleviate stress and help you complete your application. An experienced social security disability lawyer understands the SSA and its requirements. Other responsibilities they can manage include:

• Compiling paperwork, including medical records, retirement benefits, and health insurance
• Communicating with the SSA
• Ordering tests to confirm your child’s disability
• Inform the representative payee of their rights and responsibilities
• Appeal a denial of benefits

Filing for child disability benefits requires plenty of work and time. Your attorney can work to see that your family gets the resources you need. For instance, Montagna Law will build a strong case for SSI disability benefits. Our attorneys know how to build a case that avoids delays. If you receive a denial of benefits, we will quickly file an appeal. Schedule a free consultation today to see what we can do for you.

Why Work With Montagna Law’s Social Security Disability Lawyers

Montagna Law has recovered over $30 million for clients in personal injury and Social Security disability cases, and we’re here to help your family, too. Based in Norfolk, Virginia Beach, and Newport News, our attorneys offer personal attention, clear communication, and decades of experience in disability and family law. We handle Social Security disability claims, child disability benefits, and a wide range of family law matters, including custody, visitation, support, and divorce. You won’t pay any fees unless we win your personal injury case. Contact us today to speak directly with an attorney and get the guidance you need.

We Care About Our Clients

The attorney-client relationship is very important to our law firm. We take pride in providing our clients with high-quality service. The feedback we routinely receive from them is positive.

Contact Our Virginia Social Security Disability Lawyers to Protect Your Child’s Benefits

Caring for a child who has a disabling condition, regardless of age, presents challenges. Obtaining financial assistance in the form of disability payments can go a long way in helping your child and household get what they need. The caring and compassionate attorneys at Montagna Law are here to support you and provide help as you navigate the SSDI process.

We proudly serve the entire Hampton Roads area. To schedule a free consultation to learn more about getting a monthly benefit for your child, contact us at 877-622-8100 or fill out our online contact form.