Benefits for Parents Caring for a Disabled Child

Caring for a child with special needs is an extraordinary act of love and devotion with many benefits. However, it also comes with its own unique set of challenges. The many legal and practical considerations related to becoming a caregiver for a disabled child can often seem overwhelming for parents.

Fortunately, a wealth of support and resources is available to help alleviate some of the burdens and common sources of confusion. For parents exploring this option, understanding the legal framework and the various avenues open to them can empower them to make decisions that best align with the unique needs of their families. Talk to Dyer, Garofalo, Mann & Schultz about your case.

Parents as Primary Caregivers

Raising a disabled child is a profound commitment that often necessitates the presence of a dedicated caregiver around the clock. In many cases, it makes the most sense for one of the child’s parents to take on this role. A parent is often the person who knows their child’s unique needs best. They have likely been intimately involved in their child’s care since birth and can anticipate and respond to their needs more effectively than outsiders. In addition to the emotional bond between parents and children, this familiarity can make a difference in ensuring the child’s comfort, happiness, and overall well-being.

Another reason why many parents decide to become caregivers for their children deals with cost, as engaging the services of a professional caregiver can create significant financial strain. Parents often face the dilemma of working an external job only to have a substantial portion of their earnings spent on in-home care. Instead, choosing to be the primary caregiver allows parents to allocate resources towards the child’s needs directly, potentially saving on costly professional services while benefiting from the peace of mind that comes with having their child directly under their care.

Disability Income Opportunities for Children and Parents

In many cases, exploring disability income opportunities and benefits is a practical and necessary step for parents who become dedicated caregivers for their disabled children. This transition often entails leaving full-time employment to care for the child around the clock while confronting additional financial responsibilities. Children with special needs frequently require extensive support and medical expenses, including specialized equipment, therapies, and adaptive technology to facilitate their daily lives.

These expenses, combined with the inability to engage in full-time work, can significantly impact the financial stability of parental caregivers. Seeking disability income opportunities and benefits ensures that the child receives sufficient care and support and provides parents with the resources necessary to maintain their family’s quality of life, all while fostering a nurturing and supportive environment for their child’s growth and development.

The SSDI Program and Childhood Disability Benefit

The Social Security Disability Insurance (SSDI) program is a lifeline of financial support for many disabled individuals, including children who meet specific eligibility criteria. Among the various provisions within SSDI, the Childhood Disability Benefit (CDB) is a viable option for assistance for disabled children. This particular program addresses the unique needs of disabled children by extending benefits through their parent’s Social Security records. Eligibility for CDB hinges on specific qualifying criteria that demonstrate the child’s disability and its impact on their daily life:

Medical Eligibility: The child must have a qualifying disability that meets the stringent Social Security Administration (SSA) criteria. This disability should be expected to last at least a year or result in death.
Parent’s Work Record: To access CDB, the child’s parent(s) must have earned sufficient work credits within the Social Security system. These credits are accumulated through years of employment and are a key factor in determining eligibility.
Age Requirement: Children must typically be under 18 to be eligible for CDB benefits. However, there are exceptions for certain situations, such as disabled children who remain unmarried and continue to meet the criteria into adulthood.

Supplemental Security Income (SSI)

The Supplemental Security Income (SSI) program is another assistance option for disabled children with limited income and resources. SSI is designed to address their basic needs and offers vital financial relief to ensure these children can access daily essentials. Disabled children who meet the specific eligibility criteria, including stringent income and resource limits, may qualify for SSI benefits:

Income Limits: The child’s household income must fall below a certain threshold to be eligible for SSI. This encompasses all sources of income, including earned income, unearned income, and in-kind support.
Resource Limits: Besides income, SSI considers the value of the child’s resources. This includes cash, bank accounts, real estate, and other assets. The resource limit is set to ensure that the child truly has limited means.
Covers Basic Needs: Once approved, SSI provides a monthly cash benefit to the disabled child. This support covers fundamental expenses, including food, shelter, and clothing.

Medicaid: Healthcare Coverage for Disabled Children

Medicaid stands as a cornerstone of support for many Americans and extends its reach to include disabled children in need of comprehensive healthcare coverage. This coverage encompasses a wide range of medical services, including doctor’s visits, hospital care, prescription medications, specialized therapies, and other essential health services tailored to the child’s specific requirements. However, there are some limitations:

Income and Resource Limits: Like SSI, Medicaid is a needs-based program, which means there are strict income and resource limits that families must adhere to qualify.
Coverage Gaps: While Medicaid provides extensive coverage for many families, certain services or treatments may not be covered. Families should be aware of any potential gaps in coverage and explore alternative options if necessary.
Provider Networks: Medicaid typically has a network of approved healthcare providers. While the network is broad, families should verify that their preferred healthcare providers accept Medicaid before seeking services.

Home and Community-Based Services (HCBS) Waivers

Home and Community-Based Services (HCBS) waivers go above and beyond the standard care for disabled children. They offer various supplementary services essential for addressing the diverse challenges these children may face daily. These services enhance their quality of life and promote their overall well-being. Below are some of the services covered by HCBS waivers:

Respite Care: This service provides temporary relief to parents or caregivers, allowing them to take a break from the demands of caring for a disabled child. It offers a crucial opportunity for rest and rejuvenation while ensuring the child’s needs are met.
Specialized Therapies: HCBS waivers often cover a spectrum of specialized therapies tailored to the child’s specific disability. These may include physical therapy, occupational therapy, speech therapy, and behavioral therapy.
Adaptive Equipment and Assistive Technology: HCBS waivers may fund the provision of essential adaptive equipment and assistive technology. These tools are instrumental in helping disabled children navigate their environment and engage in everyday activities.
Home Modifications: Some waivers may cover the costs of modifying the home environment to accommodate the child’s needs better. This can include wheelchair ramps, bathroom modifications, and other accessibility enhancements.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal regulation that extends vital protections to parents, including those caring for disabled children. This act grants eligible parents the right to take up to 12 weeks of unpaid leave per year to attend to the needs of their disabled child without the fear of jeopardizing their job security. Here are some of the key aspects of FMLA for parents to consider:

Eligibility: To qualify for FMLA protections, parents must meet certain criteria, including having worked for their employer for at least 12 months and having accumulated a specific number of work hours within that time frame.
Reasons for Leave: FMLA allows eligible parents to take leave for various family and medical reasons, including caring for a disabled child. This can encompass providing direct care, attending medical appointments, and addressing other critical needs.
Duration of Leave: Parents can take up to 12 weeks of unpaid leave within 12 months. This allocation can be utilized continuously or intermittently, as needed, to care for the disabled child.
Job Protection: One of the most significant provisions of FMLA is the assurance that parents who take leave under its auspices are entitled to resume work under their previous position or an equivalent position upon their return to work.
Continuation of Benefits: During the FMLA leave period, employers are generally required to maintain the employee’s health insurance coverage at the same level as if they were actively working.

Tax Benefits for Parents Caring for a Disabled Child

In addition to financial assistance, tax benefits are a valuable resource for parents who dedicate themselves to the full-time care and support of their disabled children. Among these benefits, two prominent tax provisions tend to take center stage:

The Child and Dependent Care Credit is a vital resource for parents, offering a substantial tax credit for qualifying childcare expenses. This encompasses a wide array of costs related to the care of a disabled child, including fees for daycare facilities, specialized in-home care, and even certain summer camps and programs designed to accommodate children with disabilities. This credit acknowledges the added financial commitment of caring for a disabled child by providing tangible support through the tax system.
The Earned Income Tax Credit (EITC) is another powerful tax provision that can significantly bolster the financial well-being of parents caring for disabled children. This credit operates on an income-based scale, with the amount of the credit determined by factors such as earnings, filing status, and the number of children in the household. For parents of disabled children, the EITC represents a substantial financial boost that can directly impact their overall financial stability.

Special Needs Trusts

For parents of disabled children, ensuring their long-term financial security is a central concern. One powerful tool available to them is the establishment of a Special Needs Trust. This trust is a critical component of financial planning, allowing parents to set aside funds designated for the child’s care. Below are some of the main benefits of setting up a special needs trust:

Preservation of Benefits Eligibility: A Special Needs Trust is structured to protect the disabled child’s eligibility for means-tested assistance, such as Supplemental Security Income (SSI) and Medicaid. By sheltering assets within the trust, parents can ensure that their child continues to receive these essential benefits.
Supplementing Government Assistance: While means-tested benefits provide a foundational level of support, they may not cover all the expenses associated with caring for a disabled child. A Special Needs Trust allows parents to supplement government assistance with additional funds to address specific needs and enhance their child’s quality of life.
Flexibility in Use of Funds: The trust’s terms can be carefully crafted to specify the expenses it can cover. This can include medical and dental care, therapies, assistive technology, educational support, recreational activities, and even quality-of-life enhancements.
Professional Management: Special Needs Trusts can be administered by a trustee, often a professional or trusted family member, who oversees the distribution of funds according to the trust’s instructions. This provides an added layer of accountability and reliability.
Estate Planning and Inheritance: Parents can use a Special Needs Trust as part of their estate planning strategy, specifying how assets will be managed and distributed to benefit their disabled child after their passing. Knowing that their child’s future is secure offers peace of mind.
Protection from Creditors and Predators: Assets held in a Special Needs Trust are generally shielded from potential creditors and are not considered part of the disabled child’s assets, enhancing their long-term financial well-being.

Still, Have Questions? We Have the Answers You Need

As you consider becoming a parental caregiver for your child with special needs, navigating the legal waters can be daunting. If you need help determining which benefits for parents caring for a disabled child you are eligible for, which options best suit your family’s needs, or how to apply, contact the experts at Dyer, Garofalo, Mann & Schultz. Our seasoned legal team specializes in helping families like yours secure the benefits they need for their disabled children to thrive. Call us today to schedule a free consultation.

Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.