Chayet & Danzo, LLC Chayet & Danzo, LLC www.Coloradoelderlaw.com
Law Pay

Call for a Free Initial Consultation

Direct 303-872-5980
Toll-Free 888-472-1088
Email Us

COVID-19 NOTICE:

After careful review of the COVID-19 environment, the law firm of Chayet & Danzo, LLC, will be conducting in-person appointments in our offices on a limited basis and with strict social distancing protocols.

During this time, our team will continue to diligently work remotely on all client matters and will maintain communication through email, telephone, and video conferencing. Our main office number, (303) 355-8500 will continue to be answered during our normal business hours of 8:00 a.m. to 5 p.m. Monday - Thursday and 8:00 a.m. to 4:00 p.m. on Fridays.

This decision to have limited appointments in-office while following strict social distancing protocols is in the best interest and health of our team, clients and community.

We will continue accepting new clients during this period as well as fully servicing our existing clients.

We wish you and your family continued health during these unique and challenging times.

Compassion, talent and dedication: guiding colorado families and Their Trusted Advisors During Times of Need

Investigate whether your disabled child may be eligible for SSI benefits

At our law firm, we represent families who have kids with a variety of disabilities. From the time of diagnosis, legal issues present themselves concerning asset management that will need to continue throughout the disabled child’s life to preserve their eligibility for federal, state and local public benefit programs that support people with disabilities. We explore with the family the roles of special needs trusts and ABLE accounts, and we provide parental estate planning advice with the goal of preserving government benefit eligibility in mind.

What is SSI?

The Social Security Administration (SSA) administers the federal Supplemental Security Income (SSI) program, which provides a monthly cash benefit to eligible recipients based on disability (or old age or blindness) and financial need. Many people do not know that SSI is available to children, but for an eligible child, the payments can begin from birth.

Raising a child with serious disabilities can be expensive, so SSI eligibility is worth investigating for a family with financial challenges. Caring for a child with extensive, special needs, which can be physical, emotional, sensory, mental or behavioral, can consume much of a parent’s time – some children require continual attention and care round the clock. This parental responsibility keeps some mothers and fathers from the time they need for working, putting even more financial strain on the family.

SSI child’s eligibility based on blindness or disability

An eligible “child” is someone under 18 or under 22 if attending school. The child may not be married or the head of a household.

The child must meet either SSI’s definition of disability or of blindness. Eligibility based on blindness is triggered if the child has a central visual acuity for distance of 20/200 or less in the stronger eye with a correcting lens, or if the better eye has a visual field limitation so that the “widest diameter of the visual field subtends an angle no greater than 20 degrees.” If the visual impairment does not meet the definition of blindness, the condition may still make the child SSI eligible as a disability.

For SSI purposes, the child’s “medically determinable physical or mental impairment” or combination of impairments must be expected to last at least a year or result in death. (Blindness does not have this duration requirement.) The key issue for disability is whether the impairment causes the child to have “marked and severe functional limitations.”

Financial eligibility

For a child to be financially eligible for SSI, they and their parents must have very low countable assets and income. The SSI financial eligibility rules are detailed and complicated.

An attorney can answer questions about SSI and other public benefit programs and how they may fit into special needs planning for the present and future.

No Comments

Leave a comment
Comment Information

Watch Our Firm Video

We are the premier Elder Law firm in the Colorado region. We set ourselves apart from other law firms in the area with our talent, dedication, compassion and ability of our attorneys to handle any case in Elder Law. We serve Colorado families with experience and dignity in your time of need.

View More Videos

Denver Office
650 S.Cherry St., Suite 710
Denver, CO 80246

Toll Free: 1-888-472-1088
Phone: 303-872-5980
Fax: 303-355-8501
Denver Law Office Map

Edwards Office
105 Edwards Village Blvd.
#D-201
Edwards, CO 81632

Toll Free: 888-472-1088
Toll Free: 1-888-472-1088
Fax: 303-355-8501
Edwards Law Office Map

Aspen Office
600 East Hopkins Avenue
Suite 301
Aspen, CO 81611

Toll Free: 888-472-1088
Toll Free: 1-888-472-1088
Fax: 303-355-8501
Aspen Law Office Map

  • Rated by Super Lawyers Macro Chayet SuperLawyers.com
  • Rated by Super Lawyers Frank J. Danzo, III  SuperLawyers.com
  • Member National Academy of Elder Law Attorneys, Inc. TM
  • Avvo Rating 10.0 Superb Top Attorney Elder Law
  • 2015 Five Star Professional Wealth Manager Multi-Year Winner
  • Our new 2015 Medicaid Book: how to protect your Family's Assets from devastating nursing home costs
  • Peer Review Rated For Ethical standards & Legal Ability TM Martindale Hubbell