Unfortunately, you may have undergone serious complications during the labor and delivery of your baby that caused them to be diagnosed with hypoxic-ischemic encephalopathy. In short, they may have incurred this because they did not receive enough oxygen and blood flow around the time of their birth. The side effects of this birth complication may stay with them for the long term, or even for the rest of their life. You may not want their pain and suffering to go in vain; so, along with holding a negligent physician accountable in a medical malpractice claim, you may seek financial relief through Social Security Insurance (SSI) benefits. Read on to discover whether your child can earn SSI benefits with hypoxic-ischemic encephalopathy, and how a seasoned New Jersey SSDI benefits lawyer at The Law Offices of Sheryl Gandel Mazur can ensure they meet all eligibility criteria before you apply on their behalf.
Can my child’s hypoxic-ischemic encephalopathy qualify them for SSI benefits?
Well, a medical diagnosis of hypoxic-ischemic encephalopathy does not automatically guarantee your child SSI benefits. Rather, more specifically, the Social Security Administration (SSA) requires you to prove that this health condition causes your child marked and severe functional limitations that are expected to last at least 12 months or result in death. Nonetheless, hypoxic-ischemic encephalopathy typically meets this parameter because it can permanently affect brain function, movement, and development. Examples of related complications that fall under the SSA’s disability listings are cerebral palsy and other motor impairments, epilepsy and other seizure disorders, intellectual disability and other cognitive and developmental delays.
Does my family’s income affect my child’s SSI eligibility, even with hypoxic-ischemic encephalopathy?
Even if your child passes the SSA’s functional limitations test and has other substantial medical evidence that their hypoxic-ischemic encephalopathy will significantly and prolongingly diminish their everyday life, there may be one last barrier in the way of their SSI benefits. That is, this federal program is designated for individuals and families with limited income and resources. This is to say that your family’s financial status may affect their eligibility.
Well, in the state of New Jersey, the SSI income limits for a child with a disability are based on deeming rules, which count a portion of the parents’ income and resources as belonging to the child. With that being said, as of 2026, a child is generally allowed to have up to $2,000 in assets. But this may vary depending on the number of parents a child has, the number of children in their household, whether the income is earned or unearned, and more. So before jumping to any conclusions, please talk with your legal representative.
You probably have more questions regarding this topic, and we would be happy to answer them for you. Please schedule an initial consultation with a competent New Jersey SSDI benefits lawyer from The Law Offices of Sheryl Gandel Mazur. We look forward to our conversation with you.
