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Disability for Children: How A Child Is Deemed Disabled

Children's Disability AttorneyIn the United States, the Social Security Administration (SSA) primarily uses two ways to determine child disability. One is through the comparison of a child’s condition to the listings of childhood disability and another is by conducting an assessment of the child’s limitation.

Listings of Children Disability

The SSA uses a listing of disability, also known as the blue book that contains impairments which automatically deem an individual as disabled. This list contains two parts A and B; part A deals with adults, while part B has a listing specifically for disability in children. The criteria in both parts are quite similar, but in many instances, the children’s criteria are easier to assess.

Marked and Severe Functional Limitations of Children

If the medical condition of a child does not meet the requirements of listings of disability, but it is concluded that the child has limited function ability that can be considered as “marked and severe”, then in such instances, the child may still be able to qualify for SSI.

However, it is imperative that these limitations must render the child unable to function on a daily basis. For instance, an 11-year old boy who cannot bathe or dress on his own or perhaps a school-age girl who requires a walker or two crutches to walk will have a strong case for marked and severe functional limitation.

Requirements of Medical Evidence for Children

In order to demonstrate that a child fulfills the requirements of disability or suffers from marked and severe functional limitations, conclusive medical evidence shall be required. This evidence may range from simple observations by a doctor or require lab testing, depending on the condition.

The medical report that is used as evidence is then compared to other children of the same age who do not suffer from an impairment of any sort to assess the child’s functional abilities. These functions may test several abilities as appropriate for their age including:

  • Ability to walk and use their hands
  • Ability to learn and understand information
  • Ability to complete basic tasks
  • Ability to interact with different people
  • Ability to take care of themselves

School reports and records may also be considered by the SSA to assess a child’s level of impairment. SSA has detailed information about more rules and requirements pertaining to children benefits on their official website.

How Can A Lawyer Help?

If you are applying for an SSI or your application has been rejected, it can be highly beneficial for your case to acquire the services of an experienced social security disability lawyer. A competent attorney will be well-versed with all of the laws and regulations that are applicable to your case. Moreover, a seasoned social security disability lawyer will take care of the paperwork and ensure that all the requirements of SSI are met, thus allowing you to obtain benefits from SSA.

If you wish to seek further information about this subject or set up a confidential case evaluation with an experienced social security disability lawyer, contact the offices of Harold W. Conick & Associates at (800) 608-8881 and schedule a free consultation.