Interviewer: Is there anything else that’s different in a child’s disability case?
A Child’s Disability Claim Is Not Based on Their Ability to Return to Work
Jeanne: Well, clearly the child’s disability is not based on their ability to return to work, so it’s essentially more along the lines of the needs-based type issue. What we generally see with the children’s one is that whatever the condition is, it prevents them from functioning in a normal school environment. This depends on if they even if they go to school because often there are special programs.
Children’s Benefits Are Requested When the Caring for the Child Overwhelms the Family and Prevents Maintaining Employment and Caring for Other Children
The care for that child is overwhelming the resources of the family and the parent can’t spend time with the other children and they can’t do housework. If there are two parents in the family, the one parent has to stay home because the special needs of the child are so great. That’s where the need for income supplementation comes in.
If You become Disabled after Retirement Age, You Are Eligible for Your Social Security Benefits and Do Not Need to Apply for Disability Benefits
Interviewer: If you would, clarify, do I have to apply for benefits prior to or after age 65?
Elvira: When you’re age 62 you can apply for early retirement. At age 65 you can just go and apply for your disability. At age 65 there’s no need for you to go and apply for disability because you can already go get your 100% of your social security.
The Majority of Attorney Morales’ Clients Are in Their 50s, but a Large Number of Disabled Individuals Are Afflicted with a Congenital or Accident Based Condition in Their 20s
Jeanne: I would say the vast majority of the cases that we work on, the clients are in their 50s, although we do have some people in their 20s and 30s and 40s, with disabilities so severe, usually due to a traumatic accident.
But there are some congenital or disease-based injuries that would strike a younger person. But I would say the vast majority of people are late 40s to the 50s that we get. We’re getting them their disability because they can no longer work. They can’t work until 65 and what they’re getting is not necessarily retirement. They’re getting disability payments because they can no longer work.
