Welcome to the

Law Office of Daniel Berger

Getting SSI for Premature Infants or Infants With Low Birth Weight

Published on November 19th, 2019

Low birth weight infants or premature infants do not automatically qualify for disability benefits. Instead, a parent will have to prove to the Social Security Administration that their child suffered chronic health or developmental issues resulting from a consequential birth. The SSA defines low birth weight infants as weighing under five and half pounds at birth. Babies born with a gestational age of under 36 weeks are considered premature.

Both prematurity and low birth weight may cause long-term medical or developmental issues. In some cases, these problems can remain undetected until the child starts crawling, sitting up or vocalizing. If a child is diagnosed with a serious physical or cognitive problem months or years after a premature or low weight birth, that child may be eligible for SSI disability benefits.

How Do Children Qualify for Premature Infants SSI Benefits?

In addition to proving that a child’s impairment or impairments severely limit physical and/or cognitive functioning, parents need documentation showing the disability is expected to continue for at least one year or eventually cause death of the child. Mental, emotional and developmental impairments specific to children are listed in the SSA’s Blue Book of Medical Conditions. For premature and low birth weight infants, these impairments apply only to children between zero and three years old. Examples of conditions eligible for this specific form of SSI disability benefits include but are not limited to:

  • Vision and/or hearing loss
  • Reduced lung functioning
  • Asthma
  • Growth impairment
  • Congenital heart disease
  • Cerebral palsy
  • Mental disorders, ADHD, intellectual disabilities

What is Presumptive Disability?

Some impairments are automatically disabling, such as cerebral palsy, complete deafness and complete blindness. The SSA gives a “presumption of disability” to severe or incurable medical conditions. This means they will start sending monthly SSI disability benefits as soon as a parent or guardian applies for benefits. However, these benefits are only meant to last six months, or until the SSA has made a final decision on the child’s application.

Presumptive disability benefits are also available for low birth weight infants under six months of age. The SSA has guidelines regarding weight allowances for premature or low birth weight babies.

To learn if you qualify for premature infants SSI benefits or presumptive disability, call the Law Office of Daniel Berger today to schedule a consultation appointment.

Back to Blog

Contact us Today!

Call toll free 1-855-444-7024


Free Case Evaluation

Our Testimonials

Testimonial by Carlos Torres

"El proceso que yo tuve con el abogado Daniel Berger y su officina fue muy excelente.

Me gusto come el abogado Berger me ayudo el dia del audencia con el juez. Sus secratarias fueron muy amables y me ayudaron mucho con mi caso. Yo recomendo mucho a el abogado Daniel Berger."

– Carlos Torres
Testimonial by A.Y. Disla

"I was extremely satisfied with Mr. Daniel Berger and his staff.

Mr. Berger was great in the hearing and how he handled my case. I am really thankful for all the hard work. Mr. Berger and his staff did and for winning my case."

– A.Y. Disla
Testimonial by Lilliam Rivera-Reyes

"I had a very challenging case; another attorney took my case and to my surprise sent me a letter dropping my case. I was very down and did not think I had a chance, until I met Mr. Berger and his staff.

Their professionalism and hospitality was very warm and inviting. They took my case on as a challenge and gave me a hope. I am very thankful for his professionalism and for winning my case. I will never forget him and will recommend him to my friends and family."

– Lilliam Rivera-Reyes