What Qualifies a Child for Disability in Indianapolis?

The issue of children’s disability claims is near and dear to me. Early in my career as a disability attorney, I was in court one day, when a judge asked me why so many disabled children and their families appear at hearings without an attorney.

This was a surprise to me. I was already taking some child disability cases but had no idea so many were entering the courtroom without representation.

It was at that point that I decided to focus on children’s disability claims. At Lewis Disability Law, we handle a lot of children’s cases.

We understand the challenges of having a child with a disability and the toll it can have on the entire family, and we want to help with your claim.

Contact us now for a free no obligation consultation via email or call us directly on (866) 950-5116.

What Disabilities Qualify Children for Social Security?

Children can have a wide range of disabilities that may qualify them for Social Security Disability. First, it’s important to note that children’s disability claims fall under the Supplemental Security Income (SSI) program.

SSI is a needs-based program, and the family’s financial resources will be taken into consideration.

Social Security recognizes that various physical and mental health issues can impair a child’s ability to function, excel at school, or just grow and thrive like other children.

These impairments can include developmental disorders; physical limitations; and mental health diagnoses such as ADHD, anxiety, depression, and learning disabilities, to name a few. Like adult disability cases, we must work to prove a child is disabled, so how can we do that?

What are the Criteria to Prove a Child Disability Claim?

If Social Security looks at whether an adult can work or not to determine disability, how is a child evaluated for disability? Children’s claims are indeed different than adult claims. For children, Social Security uses a different set of criteria to assess a disability.

There are six different areas that are referred to as the “Domains of Functioning” to evaluate if a child is disabled.

These domains are:

• Acquiring and Using Information – A child’s ability to observe and learn.
• Attending and Completing Tasks – How well a child can maintain focus, pay attention, and follow direction.
• Interacting and Relating with Others – This looks at whether a child has difficulty making or keeping friends or has challenges minding authority.
• Moving and Manipulating Objects – A child’s ability to use their hands or feet for various physical activities.
• Self-Care – A child’s ability to communicate their physical or emotional needs to others or keep up with their own hygiene.
• Health and Physical Wellbeing – This is an overarching criterion that looks at how healthy or unhealthy the child is, overall.

Documentation is very important to help show a child’s physical and/or mental impairments. As with any disability case, proving a child’s claim requires medical diagnoses, medical records, and treatment compliance.

This also shows that the parent or guardian has taken proper steps to seek medical care and treatment.

• Diagnosis: Your case is on the right track when a diagnosis for a physical or mental impairment has been made by a medical professional. If a school teacher or counselor indicates your child may be suffering from a mental health issue, it is beneficial to your case to follow up with a medical professional and confirm a diagnosis.
• Medical Records: If your child is disabled, you will likely see various medical professionals. These can include a pediatrician, specialty doctor, a psychologist or counselor for mental health therapy, a physical or occupational therapist, and so on. Seeking help for your child and keeping the medical records may be critical for their disability claim.
• Compliance: With kids, the area of compliance falls on the responsibility of the parent or guardian. It’s important to take your child to the right kind of provider and attempt to comply with referrals to specialists, treatment plans, and prescribed medications.

What Else is Helpful for a Child’s Disability Claim?

• School Records: Social Security will want to see if the child is on an Individualized Education Plan (IEP) when evaluating your claim. Other information from school can also be beneficial to your child’s claim like poor grades, suspensions for inappropriate actions or behavior, or missing too many school days altogether. All in all, educational records may be very important in helping to prove your case.
• Age-Appropriate Behavior and Developmental Milestones: In evaluating your child’s claim, Social Security may also examine behavior and developmental milestones to determine what’s age-appropriate. Social Security will evaluate the child compared to his or her peers, i.e. how your child compares to other children of the same age. Developmental delays, whether in temperament, actions, or intellectual abilities, can clearly demonstrate a child’s disability.

Like any disability case, Social Security will look at a list of criteria for children’s disabilities. They will take into account more than one physical or mental impairments and review medical and other records when evaluating if a child is disabled.

If you have questions about a child’s disability claim, please contact us via email or call us directly on (866) 950-5116