Knowing when your child will undergo the deeming process for disability benefits is vital for knowing whether your child may be eligible for disability insurance. There is a chance your child could lose disability benefits if certain changes happen. Deeming describes a variety of factors that will be considered by the Social Security Administration when determining eligibility for your child. Be sure to reach out to a Philadelphia delayed insurance benefits lawyer if your child was wrongfully denied disability benefits.
Deeming is a process conducted by the SSA that determines whether your child can start receiving disability benefits, but can also be used when your child is already receiving benefits and circumstances concerning your child have changed. In either situation, your child may run the risk of not receiving disability insurance depending on specific factors.
This deeming process only applies to parents who are seeking disability benefits for their child and when:
The deeming process can apply to biological parents, step-parents, and parents who have adopted a child who has a disability. Other than these specific factors, there are also specific situations that can initiate the deeming process when a child is not living at home because of school, but the child still comes home on holidays or weekends.
Once the SSA determines that your child is eligible for deeming, the actual deeming process starts. The deeming process involves looking at a parent’s income and other financial assets as if these financial resources were the child’s financial resources. Then, deductions from this income are made and the SSA bases their decision on whether to supply disability benefits for your child on the total amount of leftover financial assets.
Deeming takes effect under certain circumstances. The parents must have some kind of income and financial resources available, the disabled child must not be over the age of 18, and the child must still live at home under parental control. Step-parents or adoptive parents must live with the child for their income to be deemed.
However, not all income is deemed by the SSA. Income and financial resources like Veterans Affairs’ pensions, foster care, court-ordered payments, your home, and your vehicle are not deemed. There are exceptions when deeming will not take effect like when your child turns 18. Talk with a lawyer to explore more exceptions to deeming.
Going through the deeming process, consultative exams, and the SSA application process can be frustrating. If you feel like your child was wrongfully denied disability insurance, then talk with a Philadelphia denied benefits appeal lawyer who can investigate what happened to find a solution. Contact Edelstein & Nelson at 1-800-300-0909 for a consultation today. Our team of disability insurance attorneys is prepared to fight for your rights to financial assistance.