August 8, 2014

Social Security Disability Benefits for Learning Disabilities

Many of the children I represent in claims for Supplemental Security Income (SSI) have been diagnosed with some type of learning disability.  While Social Security Administration (SSA)‘s Listing of Impairments does not specifically address learning disabilities, its evaluation process does consider the effects of learning disabilities on a child’s ability to function. Some of the children I represent have learning disabilities related to mental impairments such as attention deficit hyperactivity disorder (Listing 112.11), mood disorders (Listing 112.04), anxiety disorders (Listing 112.06), or intellectual disabilities (Listing 112.05).  Other children have learning disabilities that are less easy to categorize, so Social Security evaluates them differently.  Once Social Security determines that a child’s impairments do not medically meet or equal one of its Listings, it then evaluates the child’s combination of impairments to see if he or she “functionally equals the listings.”  If the child has marked impairments in acquiring and using information,  attending and completing tasks, interacting and relating to others, moving about and manipulating objects, caring for himself, or health and physical well-being, Social Security may find the child meets its definition of disability. In order to show Social Security that your child is disabled, you first must show that he or she has a medically determinable impairment.  Helpful evidence includes: Medical diagnoses and treatment notes Therapy/counseling notes Clinical test results Other medical findings Next, you must show how your child’s medically determinable impairments keep him or her from functioning at an age-appropriate level.  Evidence of these limitations includes: Individual Education Plans (IEPs) School grades Results of standardized testing Evaluations and treatment notes from occupational and physical therapy or other types of rehabilitation School or day care discipline reports Written comments from teachers regarding the child’s ability to work at grade level, complete assignments, work without supervision, and behave appropriately in a classroom environment … Continued

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August 25, 2010

Learning Disabilities and Indiana Social Security Disability Benefits

Indiana residents often find themselves with their disability claim denied when they suffer from a learning disability. If you have a learning disability or a combination of disabilities that prevent you from working, you may be eligible for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits. If you have been turned down for Social Security disability benefits and believe you are entitled to these benefits, do not give up. Many disability claims are turned down in the early stages of a disability claim. Claims involving learning disabilities may be won with appropriate medical and intellectual functioning documentation. Some documentation that may help win a Social Security claim can include school records indicating failing grades, teacher’s notes and progress reports that show inferior work, poor standardized testing scores from academic institutions, and low IQ scores. Other factors that may be taken into account could include the inability to read, write, and understand & follow simple instructions. While many learning disability claims involve children attempting to receive Supplemental Security Income (SSI) benefits, adults may also be disabled from a learning disability or combination of disabilities. Indiana claimants may find some of these claims difficult to win without appropriate medical or academic documentation. Indiana claimant’s testimony at an Administrative Law Judge (ALJ)hearing may help sway the chance of winning in their favor if they can convince the judge their learning disability is severe enough to prevent them from obtaining full time employment. Many individuals with learning disabilities may need a job coach to function in the work place and many times with this finding they may win their Social Security disability claim.

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