Get help turning your child’s denial into an approval
You could be counting on Supplemental Security Income (SSI) benefits to help your child with a disability. When your child’s application is denied, it feels devastating.
Raising a child with physical or mental impairments is incredibly demanding. Disability benefits help your family afford much-needed therapy, medical equipment or tutoring.
So don’t give up hope!
Most people get denied the first time they apply for childhood SSI.
In fact, childhood disability cases come with particular challenges, such as proving that a learning disability or attention disorder is severe enough to warrant benefits.
At Nash Disability Law, we strongly urge you to consider appealing the decision to the Social Security Administration. Appeals are when many people win benefits.
At this stage in the process, it can make a big difference to have a disability attorney who builds the strongest case for your child. And it doesn’t cost anything to try. We evaluate your child’s case for free. We don’t charge a fee unless you win.
Don’t delay starting your child’s appeal
The first thing to know about appealing your childhood SSI denial is that you need to move fast.
Important! Social Security has a strict deadline to appeal.
- Call Nash Disability Law right away so you don’t miss the deadline. We’ll make sure your child’s case isn’t lost in the system.
- And hold on to all your records. Social Security can lose or fail to process documents.
Children with disabilities that limit their ability to function may also qualify for childhood SSI.
Why was your child denied benefits?
The Social Security Administration could turn down your child for SSI benefits for many reasons:
- A claims examiner decides your child’s condition isn’t severe enough.
- You don’t have enough medical evidence confirming the severity of your child’s condition.
- Your child hasn’t received enough medical treatment.
- Social Security didn’t collect the necessary records on your child.
- SSA decides that your family’s resources are too great to meet the financial requirements.
- Sometimes the most important “reason” is that the system, frankly, is geared to ensure people don’t get benefits too easily.
Experienced lawyers like those at Nash Disability Law can address all of these problems and many more that might come up as you appeal for SSI benefits for your child.
What happens when you appeal?
Social Security has four levels of appeal for your child’s SSI case:
- Reconsideration: Nash Disability Law will help you take your child’s case back to Social Security for a second opinion from a different claims examiner. You can submit new evidence at this point.
- Hearing: If your child still gets a denial (very, very common), we’ll help you prepare for a hearing with a Social Security administrative law judge (ALJ). This is your only chance to meet face-to-face with someone who has decision-making authority on your child’s case. This is a critical moment. One of our lawyers will prepare your arguments and help you get comfortable and ready to testify. We’ll bring our knowledge of the medical experts that Social Security pays to testify about your child’s situation – and how to question them. You need to get the most out of your hearing because it takes a long time to get there. In early 2017, Social Security had a backlog of a million people waiting for hearings. Some people wait 18 months or more.
- Appeals Council: If the ALJ denies your child’s claim, you can ask for another review by Social Security’s Appeals Council (AC). We will help you decide if you should take this step. The AC reviews whether the ALJ’s decision was legally sound. While the council technically can grant benefits, the most it usually does is send the case back for another hearing.
- Federal Court: If you disagree with the Appeals Council’s decision, we can file a lawsuit in U.S. District Court to argue for your child’s benefits. At this stage, you will need a lawyer registered to practice in federal court, like those at Nash Disability Law.
Unlike some law firms that practice many types of law, Nash Disability Law focuses entirely on Social Security disability cases. We do this to give your child the best chance of winning benefits.
If you received a childhood SSI denial and need to appeal, call us today.
What does Nash Disability Law do for your child’s appeal?
- We assess the facts of your child’s situation, getting a bead on what’s important and what’s not.
- We analyze your child’s Social Security file.
- We work with you to obtain additional evidence from doctors, other medical providers and school officials.
- We build your legal arguments.
- We prepare you to testify.
- We question witnesses for you.
- We cross-examine any medical experts that the government pays to testify at your child’s hearing.
The experts the government brings in to testify could hurt your child’s chances of winning benefits. But an attorney from Nash Disability Law will be at your side all the way, defending your child and questioning them.
Social Security’s own statistics show that people are more successful winning benefits when they have a lawyer. Get one who knows how the system works in the Chicago area.
If you were denied – or if you still need to apply for childhood SSI benefits – call us now.