Expert: Barry N. Saunders - 4/3/2007

Question
My two year old son has recently been diagnosed with autism, however they are calling it high functioning or Asperger syndrome.  I had planned on going back to work by this time but he had just needed so much more from me than our older two children ever did. My husband and I would *like* for me to be able to stay home with him and get him the developmental help he needs but aren't sure if we can afford to do so.  We were wondering if social security disability is applicable to me under these circumstances?

Answer
Dear Kelly:

Start with this web page:

http://www.ssa.gov/pubs/10026.html

Supplemental Security Income (SSI) payments for children with disabilities
SSI makes monthly payments to people with low income and limited resources who are 65 or older, or blind or disabled. Your child under age 18 can qualify if he or she meets Social Security’s definition of disability for children, and if his or her income and resources fall within the eligibility limits. The amount of the SSI payment is different from one state to another because some states add to the SSI payment. Your local Social Security office can tell you more about your state’s total SSI payment.

SSI rules about income and resources
When we decide if your child can get SSI, we consider your child’s income and resources. We also consider the income and resources of family members living in the child’s household. These rules apply if your child lives at home. They also apply if he or she is away at school but returns home from time to time
and is subject to your control.

If your child’s income and resources, or the income and resources of family members living in the child’s household, are more than the amount allowed, we will deny the child’s application for SSI payments.

We limit the monthly SSI payment to $30 when a child is in a medical facility where health insurance pays for his or her care.

SSI rules about disability
Your child must meet all of the following requirements to be considered disabled and therefore eligible for SSI:

The child must not be working and earning more than $900 a month in 2007. (This earnings amount changes every year.) If he or she is working and earning that much money, we will find that your child is not disabled.
The child must have a physical or mental condition, or a combination of conditions, that results in “marked and severe functional limitations.” This means that the condition(s) must very seriously limit your child’s activities.
The child’s condition(s) must have lasted, or be expected to last, at least 12 months; or must be expected to result in death.
If your child’s condition(s) results in “marked and severe functional limitations” for at least 12 continuous months, we will find that your child is disabled. But if it does not result in those limitations, or does not last for at least 12 months, we will find that your child is not disabled.

Hope this helps.


Barry Saunders