Deciding whether a child is disabled is very different than it is for disabled adults. With adults, we have to prove that they cannot work.
Children, on the other hand, are compared to other children their age to determine how limited they are by their medical conditions.
The three things Social Security looks at are:
1. any wages the child earns,
2. their ability to function on a daily basis, and
3. whether they meet a listed impairment.
1. Is the child earning SGA?
See our discussion of SGA. This analysis is the same for adults and children. Once it is determined that the child isn’t earning SGA, they move on to step 2.
2. The areas of function are:
- Cognitive/Communicative: ability to learn, understand and solve problems.
- Motor: gross and fine motor skills.
- Social: ability to form and maintain relationships.
- Responsiveness to Stimuli (Birth to age 1 only): respond to visual, auditory or tactile stimuli.
- Personal: ability to take care of personal needs.
- Concentration, Persistence or Pace: ability to sustain attention and concentration.
The requirements for a child to get Children’s SSI are that they must have a “marked” impairment in two areas of function, or an “extreme” impairment in one area.
“Marked” and “Extreme” are defined as:
Marked: a limitation that interferes seriously with the child’s functioning. When a standardized test is used, a valid score which is more than two standard deviations below the norm is a marked limitation. Children younger than 3 have a marked impairment if they are functioning at a level which is more then one-half but less than two-thirds of their age.
Extreme: no meaningful function in this area. When a standardized test is used, a valid score of three or more standard deviations below the norm is an extreme limitation.
Neither of these are easy to prove. Many children are found to have “moderate” limitations in several areas, but no marked or extreme limitations.
And what does this mean for your child’s disability case? It means that getting disability will probably be an uphill battle. Over the past decade or so, Social Security has made it more difficult for children to get SSI.
But this doesn’t mean you should give up.
Medical records, school records and records from therapists such as language, physical and occupational can help. These are generally what we use to show that a child has a “marked” or “extreme” impairment. Testimony from friends and family who have seen the difficulties that the child has can also be helpful.
Knowing what evidence is going to convince a judge that your child has two marked or one extreme limitation(s) is only something that an experienced Social Security lawyer can tell you. Each child is different, and has different levels of limitation.
3. Does your child meet a listed impairment?
If your child doesn’t meet the functional-standard explained above, the next thing to look at is the listing of impairments.
Social Security has a list of impairments that it uses to determine if your child is disabled. If the requirements for any condition are met, then your child will be awarded benefits.
We have handled quite a few children’s SSI cases, and although we have been very successful, they have been some of our more challenging cases.
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This blog provides general information. Do not mistake it for legal advice. Please read our disclaimer.
Related posts:
- What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 1: SGA)
- What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 3: The Listing of Impairments)
- What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 2: Severity & Duration)
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