Children obtaining age 18 and on SSI: What is the review process?
The applicable law is found, of course, in the Social Security Act under section 1614(a)(3)(H) which provides that individuals who are eligible for Supplemental Security Income (SSI) benefits as children(a person who has not attained age 18) for the month preceding the month in which they become 18, must have their disability redetermined under the rules for disability used for adults. Section 1614(a)(3)(H) of the Act also provides that the “medical improvement standard” in section 1614(a)(4) does not apply to disability redeterminations at age 18. Instead, the definition of disability used for adults who file new applications for SSI benefits based on disability must be applied.
In other words, the “adult standard” of disability is now at issue. For example if your child received SSI based on a learning disorder like ADD or ADHD that “child disability” will not meet the “adult standard” and if the claim is solely based on ADD or ADHD then the benefits will more than likely be terminated.
It is important to seek counsel immediately when the “adult standard” is applicable to your child. Call 813-657-9175 begin_of_the_skype_highlighting 813-657-9175 end_of_the_skype_highlighting for a FREE consultation.