The school file
IEP or 504 documents, evaluations, behavior records, attendance, and what teachers have written about support needed in class. This is often the strongest evidence in the file.
Social Security Disability
SSI Disability Benefits for Children
If a child cannot function the way other children their age do, there may be a claim. Most parents do not know it exists.
No fee unless we win
Call now
513-909-9999
Free consultation. Available 24/7.
Get a Casper to Help You Today
Free consultation, no fee unless we win.
No fee unless we win
Does this sound like your child?
Is your child suffering from severe mental or physical disabilities affecting their ability to function in the traditional school system and in public? They may qualify for disability benefits through SSI.
That is the question, put the way we would put it on the phone. Parents very often do not realize a claim is possible, because they are thinking of disability benefits as something for adults who cannot work, and a child does not work.
The test for a child is different. It is not about employability. It is about whether the child functions as other children of the same age do, across the ordinary demands of a day: learning, concentrating, managing themselves, moving about, communicating, and getting on with other people.
Who this page is for
You are the parent or guardian of a child under 18 with a significant physical or mental condition, and the household is within the SSI income and resource limits.
- Functioning, not employability Measured against other children the same age.
- School evidence counts IEPs, reports and teacher observations.
- Physical or mental Both qualify, and many claims involve both.
- No fee unless we win Paid from back pay, never up front.
How a child's claim is decided
A child’s SSI claim has two parts, and both have to be satisfied.
The household part
SSI is needs-based, so the family’s income and resources are counted. This is the part that surprises people, and it is also the part that is simply arithmetic: either the household is within the limits or it is not, and we can tell you quickly.
The medical part
Whether the child has a condition that results in marked and severe functional limitations, judged against what is typical for their age. The assessment looks across several areas of everyday functioning rather than at a diagnosis on its own, which is why two children with the same diagnosis can receive different decisions.
A diagnosis alone is rarely enough, and the absence of a formal diagnosis is rarely fatal. What decides these claims is evidence about how the child actually manages, day to day, from the people who see it.
The evidence that makes the difference
Most of it already exists. Families just do not think of it as evidence.
Treating clinicians
Pediatrician, therapists, psychologists and specialists. Their observations of function, not only their diagnoses.
What a day is actually like
Getting dressed, leaving the house, a supermarket, a birthday party, homework. Specific and ordinary beats general and dramatic.
People outside the family
A teacher, a coach or a childminder describing what they see carries weight precisely because they are not the parent.
Questions
Questions about children's SSI
General information, not legal advice. Every case turns on its own facts. The only way to know where yours stands is to have someone look at it.
My child has a diagnosis. Is that enough?
Not by itself. The decision is about functioning rather than about the label, so the evidence has to show what the child cannot do, or can only do with substantial help, compared with other children of the same age. A well-documented functional picture matters more than the name of the condition.
We were refused before. Can we try again?
Yes. A refusal can be appealed, and a fresh claim can be made where circumstances have changed, which with children they frequently do as the child grows and school demands increase. Which route is right depends on how long ago the decision was and why it was made.
Does our income stop us qualifying?
It might. SSI counts household income and resources, and part of a parent’s income is treated as available to the child. It is worth checking rather than assuming, because the calculation is not intuitive and families rule themselves out wrongly all the time.
What happens when our child turns 18?
The claim is reassessed against the adult test, which asks about the ability to work rather than about functioning as a child. Some young people continue to qualify and some do not. It is a known milestone and it can be prepared for rather than waited for.
What does it cost?
Nothing up front. The fee comes from past-due benefits if the claim succeeds and is subject to approval by Social Security. If nothing is awarded there is no fee.
What we charge
Our fees are set by federal statute, are contingency only, and are the lesser of 25% not to exceed the statutory maximum of $9,200.
There is nothing to pay up front and nothing to pay if the claim does not succeed. The fee comes out of past-due benefits when they are awarded, and it has to be approved.
If your condition is not one of these
The conditions we have written about are the ones we are asked about most often. They are not the only ones that qualify, and the list is not a test you have to appear on.
A disability claim is decided on what your conditions do to your ability to work, not on the name of the diagnosis. Several problems that are each manageable on their own can add up to something that is not, and that combination is frequently the strongest part of a claim.
If what you have is not on this site, that tells you nothing about your claim. Tell us what you have been diagnosed with and what it stops you doing, and we will tell you honestly whether it is worth pursuing.
Other Social Security Disability pages
The rest of this practice area, in case your situation fits one of them better.
All Social Security Disability
SSDI denials, appeals and hearings.
Initial Applications
We prepare and file the whole claim. Most clients start here.
SSDI vs SSI
Two different programs, two different sets of rules.
Disability Appeals
What to do when the claim comes back denied.
Disability Hearings
The hearing in front of the judge, and how we prepare you for it.
SSD Widow's Benefits
Drawing on a late spouse's record, from 60, or from 50 if disabled.
Back Injuries & Spine Conditions
Qualifying with a spine condition, where function decides it.
Neck Injuries & Conditions
Cervical claims turn on the hands and arms, not the back.
Cancer
Some diagnoses qualify outright. Others turn on what treatment left behind.
COPD & Respiratory Conditions
Breathing test values, and the day the test was taken.
Depression & Anxiety Disorders
Assessed on functioning across a working week, not on a diagnosis.
PTSD
Reactivity and avoidance, and why the workplace itself is the barrier.
Multiple Sclerosis
A fluctuating illness, assessed on a single day. Closing that gap.
Heart Disease
Measured exertion, and the difference between stable and employable.
Stroke
What is left when recovery stops, and when to make the claim.
Bipolar Disorder
The cycle decides it. Well periods are read as capacity.
Arthritis
Which joints. Ones you stand on and ones you work with.
Amputations
The prosthesis, not the amputation, is what gets argued about.
The three areas we handle
One incident can open more than one claim, and they are handled together here.
Client Reviews
What our clients say
Steve Casper was VERY professional. Very compassionate. He explained things in an easy to understand way. He took my case after a previous firm dropped me in a very hurtful unprofessional way. He got my disabilty case approved from the very beginning. Steve is worth EVERY penny. I now will have my monthly payments to survive with my conditions and back pay to boot.
Jen Jen
Google Review
Steve Casper and Ben were amazing! They literally did all the work for me and I only had to fill out a few forms. I won my case and absolutely could not have done this without them! They are very professional and kind. I was very nervous about this whole process but their words of encouragement helped me a lot!
dragonmastergirl
Google Review
I highly recommend for anyone dealing with the disability process to contact Casper, Casper & Casper. Steve Casper along with Ben Hite were VERY helpful in the entire process. If I a had any questions or concerns; they had the answers and reassured me everything would be okay. They worked diligently on my case for months and I was FINALLY approved. This team of attorneys WILL help fight for you as they have for me.
Kimberly Moore
Google Review
I had been denied two times for social security after life changing damages to my back, ankle and knee, had paid into social security all my life and I'm 60 years old now. Steven Casper was compassionate and thorough and walked me through the process without any money to pay him he was able to get my social security approved and every dime of back pay for those two years I had waited and has assured me that if anything comes up he's there for me.
Maggie Still
Google Review
After I spent two years in a frustrating battle with the SSA, I finally contacted Casper, Casper, & Casper, and Robin took my disability case. In about six months, Robin had won my case, along with back pay. The whole process of working with this firm was pleasant and painless. The staff was quick to respond to my many questions and also to update my changing medical information.
Kevin Weinand
Google Review
If you have been denied disability benefits, I would DEFINITELY RECOMMEND this lawyers office!! Robin Partin and associates worked diligently on my case and fought for me! They were my voice and I won! 10/10
Janna Anderson
Google Review
Free Case Review
Tell us what happened.
No cost, no obligation, and no fee unless we win.
Get a Casper to Help You Today
Free consultation, no fee unless we win.
No fee unless we win