Children's Disability Benefits

Regardless of whether you are filing for the first time, or benefits have been suspended, here is what we look for in an SSI claim. First and foremost is a medical condition that seriously interferes with the child’s development. In adults, Social Security evaluates how an individual’s medical condition impacts their ability to work. Since children typically don’t have jobs, children are evaluated peer to peer. The issue will be whether the child is progressing normally for his or her age group.

If the condition is severely debilitating, the child may be of “listing level severity.” Conditions which may be of listing level severity are outlined in what is known as the Blue Book. You can click on the link to review the listings here. Social Security will also look to see if the condition has or is expected to last for 12 months or more, as that is a requirement for receipt of SSI.

More often than not, we are not dealing with listing level severity, in which case we look at your child’s progress in 6 “Domains of Function.” These domains are broad areas of function, like “Acquiring and Using Information” and “Attending and Completing Tasks” which measures academic and independent functioning in a child. You can read about these 6 domains here.

It is critical that parents understand these domains. Social Security requires a child be markedly impaired in two domains or extremely impaired in one domain to be considered disabled. In order to assess your child’s progress in each domain, we look at 3 basic sources of information. Medical records, school records and input from family and friends.

In many cases, parents are compelled to apply or SSI because their child is struggling academically. Sometimes there is a medical reason for the poor school performance, like ADHD. Occasionally, we will get a call from a parent whose child is performing poorly with no apparent medical problem.

In the case of academic problems, we look for a 504 plan or Individual Education Plan (IEP) to see if additional efforts are being made to bring the child up to grade level. We look at standardized testing, disciplinary records and attendance records to help explain performance. If your child is performing well below state standards, that may be enough to qualify the child for disability without a specific medical problem. But in those cases, we absolutely require documentation from the school or testing facility. Social security will make effort’s to contact your child’s teacher for input about academic and behavioral issues. Those records will be in your child’s file without you ever having seen the record.

Be aware Social Security does not award benefits just because a child has a medical condition like ADHD or asthma. The condition must have a severe impact on the child’s functioning, such that he or she is markedly falling behind their peers. In instances where medication is available to help the problem, like with ADHD or asthma, the problem must continue to be severe even with the use of medication. If your child’s condition is greatly improved with medication, SSI may not be available.

If you have questions about your child’s eligibility for SSI give our office a call to discuss your situation. Each claim is unique and the earlier we can offer advice, the better the outcome.