Social Security Disability & Special Needs Trusts News from Sheri R. Abrams, Attorney at Law, "Of Counsel" at Needham Mitnick & Pollack

Many parents do not know that they may be at risk for losing disability benefits for their child once they turn 18. The Federal government uses different standards in determining Supplemental Security Income (SSI) disability payments for children then it does adults. Parents cannot assume that when their child turns 18 that they will automatically continue to receive SSI disability benefits.

Often parents have to reapply for their child to receive SSI disability benefits as an adult. On a child's 18th birthday, his or her SSI disability benefits end unless the child qualifies and applies for benefits as an adult. A major difference is previously, their parents' income was used to determine the child's financial eligibility for SSI benefits, but now, the child's own income and savings are the sole basis for meeting financial eligibility. This means, if a child did not qualify before due to their parents' income being too high, they qualify now with their income.

On the other hand, the definition of a disability changes once a child becomes an adult. A person, who qualified before as a child for SSI, may not qualify for SSI disability benefits as an adult. As an adult, whether or not the adult is able to work for at least 12 months plays a large role in determining disability status. In other words, the adult's condition has to be so severe that it prevents him or her from working.

Here are some tips of what parents can do to help their children:

- Set-up a review. As a child approaches his or her 18th birthday, the parents should contact their state's Disability Determination Services (DDS) to set-up a review of the child's disability. Generally, the review period will begin on the child's 18th birthday. The review is necessary to determine if the child's disability is eligible for adult SSI disability benefits.

- Work with your physician. If a disabled child has not been regularly seeing a specialist, therapist or other medical professional for his or her condition, then the parents should resume regular appointments as soon as possible. During the review DDS will ask for the treating physician's assessment of the child's disability - an assessment the doctor will not be able to accurately give if he or she has not seen the child in years. This assessment can be a critical factor in your child receiving adult SSI benefits.

-Work with an experienced Attorney. If you have questions about maintaining your child's SSI disability benefits once they reach adulthood, contact an attorney, such as Sheri Abrams, who is experienced in handling Social Security Disability and SSI cases. If you do not take timely action to protect your child's rights to benefits, he or she may lose them upon their 18th birthday.