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How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

Problem issues in Winning a Disability Case for a Child



 
On another page I stated that winning a disability case for a child can be more difficult than winning an adult claim. However, before I go into my short list of reasons why, let me point out the following:

1. All disability claims that are filed with the social security administration are evaluated on the basis of documentation. For children's claims, this will often include school records as well as medical records.

2. All disability claims are decided on the basis of residual functional capacity. Therefore, for adult and child cases, having a physician complete an RFC form on behalf of a claimant can provide a valuable advantage at a disability hearing. However, for child disability cases, having a teacher complete a teacher's questionaire can be beneficial as well.

Now, why are child disability claims sometimes more difficult to win than adult cases? Here's a short list.

1. At the social security hearing level, the involvement of a disability lawyer on a case can be instrumental in winning. Unfortunately, there are a fair number of disability lawyers who simply will not take a child disability case. Sad, but true. Some attorneys simply refuse to handle child claims, most likely because the win ratio on children's claims is not as favorable. Of course, for parents who have a hearing scheduled, this can prove problematic.



But, fortunately, though some representatives shy away from child cases, there are enough attorneys out there who do take child cases that a diligent parent can usually find representation.

2. Some disability judges are biased against making approvals on children's claims. Again, sad but true.

3. Gathering needed records on a child's case can be more difficult if the records in question are school records. As was mentioned in the prior post, the ability to obtain school records and a questionaire from a teacher may be dependent on the operating schedule of the school and the availability of a teacher (e.g. a school that shuts down for the summer).

4. Some child impairments are fluid and change over time, such as attention deficit and intellectual functioning. In fact, it is not uncommon for test results to change considerably from one year to the next. This, of course, makes it difficult to establish an argument for disability benefits.

5. Some child impairments improve over time. In the case of child cases based on either seizure disorder or asthma, it is not uncommon for the severity of either condition to lessen between the time a disability application has been filed and the time the case goes to a hearing.

6. Parents who file on behalf of their children on the basis of epilepsy or based on asthma often to fail to get their child's seizure or asthma attacks documented. This is probably due to the fact that many parents will not wish to go to a doctor each time an attack occurs, simply because they are somewhat familiar with the duration and nature of the attacks and the probable outcome . However, from the social security administration's viewpoint, an "attack" will only be substantiated if there is medical documentation regarding it. This means going to a doctor or hospital.








Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?



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Who can help me file for disability?




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Applying for disability with panic attacks
The amount of back pay that you receive
Social Security Attorneys and Disability Representatives
Disability lawyers - basic questions for Social Security help
Social Security Disability benefits for stroke
Winning a disability case for a child
Appealing a disability denial by a judge
Different types of Social Security Disability denials
If You Get Social Security Disability or SSI, Will Your Dependents Get A Check?
How to file for disability, tips to start



These pages provide answers to basic questions about pursuing disability benefits

What mental problems qualify for disability?
SSI disability status
How to prove you qualify for disability
Qualifying for disability eligibility requirements
How Does Social Security Decide If You Are Disabled
How much does disability pay?
Factors involved in Winning SSDI or SSI Claims
Applying for disability with Degenerative Disc Disease
How long to get a Social Security decision letter?
What Does Social Security Consider To Be a Disability?
The amount of back pay that you receive
Social Security medical disability determination process
If You Get Approved For SSDI Will You Also Get Medicare?
How long can you receive SSI or Social Security Disability benefits?
How Long Does A Social Security Disability Appeal Take?
How Long Does It Take To Get Disability Benefits When You First File?
Can you work if you get SSI disability?
Social Security Disability attorney fees
Am I eligible to receive disability benefits?
What are the non medical requirements for disability
How to get SSI
Approved for disability benefits
SSD SSI disability hearing decision








For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.