Southfield MI Social Security attorneys
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Is Your Special Needs Child Turning 18?

get what you deserve now

frequently asked questions

experienced southfield, michigan disability and social security attorney

What is a transition special needs child?

A medically challenged child about to turn 18, graduating or leaving high school.

Why hasn’t my child been eligible for benefits before turning 18?

When applying for SSI benefits for a minor child, the law requires consideration of any and all income of the parents of the child living in the same household. Unless the family is at a poverty level of income, the child is not eligible for any SSI benefit due to the resources of the parent(s).

What changes when my child turns 18?

The law no longer looks to the resources of the parents to determine whether the non-medical requirements are met. The now adult child becomes eligible even if living in the same household of the parent(s).

So now that my special needs child is turning 18, what are the benefits?

SSI is a federal program for the medically challenged adult with limited income and resources. If medically approved, your adult child would be eligible for a fixed monthly benefit along with full Medicaid.

How do we get started?

You must make an appointment with SSA to file the claim in person at the field office nearest your home. You can make this appointment by calling: (800) 772-1213, Monday – Friday, 7:00 am – 7:00 pm.

However, we strongly recommend that you call us for a free consultation before making the appointment. Having a clear plan in place before starting the claim can often result in the claim being allowed without long delays and in many instances, without the need for a hearing. Each case is unique and discussing the facts of your child’s claim with an experienced and knowledgeable social security attorney can be very helpful.

If I decide to use an attorney, how much does it cost?

All fees are contingent. This means we only get paid if the claim is approved and benefits are past due. Social Security will pay the attorney 25% of the past due benefit or $6,000 – whichever is less. If the claim is unsuccessful, there is no fee.

I understand that once a parent of a seriously disabled adult child retires, dies or becomes disabled, the disabled child may qualify for a much higher benefit on the parent’s social security account. Is that correct? Yes, it is possible. The rules governing disabled adult child benefits are very specific and often considered complicated. There are many requirements that must be satisfied before this higher benefit can be paid. We will be happy to go over these requirements and answer all of your questions. There is never a charge for this consultation.

What should be our first step in getting our 18 year old, special needs child qualified for SSI?

Call us before you get started for a full, complete and thorough discussion of the facts of your child’s case. No two cases are ever alike. Each case has its own unique set of facts. The biggest mistake most parents make is to compare their child’s claim to another child’s claim. The second biggest mistake is not having a plan before filing the claim. We are here to help you and guide you through this often complicated process.

What our clients say about us

We appreciate the opportunity to help you get the benefits you deserve

Help parents that raise children with special needs

I met Cliff Weisberg at the Michigan Transition Services Association Conference several years ago. Since then he has been able to educate my colleagues and myself, provided information during transition nights to parents, guardians and students and is always available to answer questions when something comes up at an IEPC. Cliff has been an important tool in my treasure box that has allowed me to grow professionally and help parents that raise children with special needs. Every secondary transition teacher, social worker and administrator could benefit from Cliffs expertise and presentations. Cliff keeps me informed via quarterly newsletters and pamphlets that describe the basics. Mr. Weisberg is a 5 start attorney and humanitarian. Laura Bilotta, teacher of special education and transition services.

Laura Bilotta
9/5/17

It was a privilege to have known you

You are such a credit to your profession and the Human Race. It was a privilege to have known you. We’ll be keeping in touch.

Chuck
6/2/18

He made me feel like I was the only person he was working with

I recently went to a Social Security Counseling training with Cliff Weisberg as the speaker. He was SUPER knowledgeable and provided a great and entertaining training experience where I learned a great deal. I was in the middle of assisting one of my patients with some insurance issues and he took the time to speak with me during a break in the training. He asked me to call him the next day. I did and was SUPER helpful. He made me feel like I was the only person he was working with. He looked up information for me and got back to me same day! He is a wonderful resource and I would definitely recommend his services to any of those needing help. He is very open and welcoming. I really believe he cares for his clients and puts their needs first. You don't see that a lot with lawyers!

Jennifer Tardiff
6/5/17