My husband was killed in an accident two years ago. I have two sons--20yrs old and 15yrs old. My oldest son's survivor benefit ended when he graduated from high school. He is now away at college. The benefit redivided so we still received about the same amount of money per month...maybe a few hundred less. After paying for healthcare and living expenses, there is little, if any, left.
I received a letter in the mail yesterday stating that my benefit will end in May 2013 when my youngest son turns 16. The only way that I can keep receiving my benefit is if my youngest son is disabled. He has been treated for ADHD since early elementary age. He had and still has an IEP.
I have frequent case conferences and am constantly emailing his teachers to stay on top of things. He has been medicated the whole time which does help but absolutely does not eliminate the medical condition. We (his doctor and I) had to change his medication just last year as he was failing all of his classes. He has shown improvement, but I have to make sure he takes his medicine and completes and turns in homework.
Basically, I have to follow up at every turn to get him through his life. I have no problem doing it because I love him (and my other son) more than anything. But, losing my portion of the benefit is going to be a huge burden. I'm not sure that I will be able to pay for our healthcare, not to mention his ADHD medication which is almost $200 /month.
Please, can someone give me advice on how to go about filing the claim to continue my benefit due to his disability? Do I need an attorney? Has anyone been through this process? Anything will be helpful. I'm feeling pretty desperate.
Loss of caregiver (mother) survivor benefits and ADHD child
There is a so-called "Blue Book" which is used to evaluate disabilities. The following page covers ADHD in children :
http://www.ssa.gov/disability/professionals/bluebook/112.00-MentalDisord...
Section 112.11 of that page states that, for a child over age 3, the required level of severity for ADHD disorders is met when the following three findings are met :
1. Marked inattention; and
2. Marked impulsiveness; and
3. Marked hyperactivity;
You certainly can apply for child disability on your own -- no lawyer is needed. However, disability application are frequently denied, and a lawyer or other experienced person may help.
Such professionals often work on a contingency basis, so put up no up-front money. However, you may have to give a fair amount of money to the professional if you win your case.
http://www.ssa.gov/disability/disability_starter_kits_child_eng.htm
Bless you.