If your child suffers from a severe intellectual impairment, you likely know all too well the pain you can experience when he or she struggles with routine tasks. However, you know that with the right types of support he or she would be capable of doing much more. For many parents that support seems out of reach, but with an experienced and knowledgeable advocate you’re the likelihood that you child will be able to qualify for Social Security Disability (SSD) benefits is likely to increase. Fayetteville AR disability lawyer Ken Kieklak, Attorney at Law has fought for SSD benefits for families in Springdale for more than 20 years.
What Intellectual Disabilities are Recognized by Social Security?
The Social Security Administration’s Listing for childhood conditions is contained in Part B of the SSA’s Listings. The particular listing for intellectual disabilities is Part 112.05 titled, “Intellectual disability”. The listing does not enumerate specific conditions, but rather it provides a set of functional criteria based on signs and symptoms that an intellectual impairment can cause. Thus, provided that your child’s mental condition meets or exceeds the criteria provided in the Listing, he or she is likely to medically qualify for SSD.
Can My Child Qualify With His or Her Intellectual Disorder?
Listing 112.05 requires that a child be affected by a condition that is, “Characterized by significantly sub-average general intellectual functioning with deficits in adaptive functioning.” In addition to presenting medical evidence showing the former, you must also be able to show medical evidence that your child has one of the following characteristics including:
- For children aged 1 to 3 years, gross or fine motor development at a level generally acquired by children no more than one-half the child’s chronological age, cognitive and communicative functioning at a level of no more than one-half of the child’s age, or social functioning at a level of no more than one-half of the child’s age., or the attainment of development or function generally acquired by children no more than two-thirds of the child’s chronological age in two or more of the areas previously discussed. For children aged 3 to 18 years, a marked impairment in age-appropriate cognitive & communicative functioning, a marked impairment in age-appropriate social functioning, a marked impairment in age-appropriate personal functioning, or marked difficulties in maintaining concentration, persistence, or pace.
- The child’s mental incapacity is so severe that he or she is dependent upon others of personal needs and he or she is unable to follow instructions.
- A verbal, performance or full-scale IQ test score of 59 or less.
- A verbal, performance or full-scale IQ test score between 60 and 70 in conjunction with other physical or mental limitations
- A verbal, performance or full-scale IQ test score between 60 and 70 and, for children aged 1 to 3 years, the attainment of development or function generally acquired by children no more than two-thirds of the child’s chronological age in motor development or social functioning or, for children aged 3 to 18, similar impairments to cognitive and communicative functioning or social functioning.
The preceding criteria is but one of the grounds that can be utilized to obtain SSD benefits for your child. If your child has a severe impairment that is not listed, an impairment that does not meet the listing, or several impairments that act together to cause severe impairment, the Social Security Administration will assess your child’s condition or conditions and make a determination.
It is important to note that the IQ scores required by Listing 122.05 are based on a test with a mean of 100 and a standard deviation of 15. Therefore, your test or tests may need to be adjusted to match this scale. Furthermore the standardized IQ test must be recent. For a child younger than 7 years, the test is valid for 2 years. For a child between the ages of 7 and 16, a test would be considered recent for 4 years. After age 16, intelligence typically stabilizes and can be considered recent.
Put our attorneys’ disability experience to work for you in Springdale
For more than 20 years, Ken Kieklak has fought for individuals and families in Springdale and northwest Arkansas. If your child is having difficulty, the monetary benefits provided by SSD can help you provide the support, care and guidance that he or she needs. To speak with an experienced and trusted Arkansas disability attorney, call Ken at (479) 316-0438 or contact us online.
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