Serving clients in Fayetteville and all of NW Arkansas
Parents with a child who has a learning disability or a developmental disability undoubtedly want to provide a level of care that will allow their child to excel despite his or her medical impairment. Many times this level of support can be achieved, in part, through the benefits available in the Supplemental Security Income (SSI) program. The program can provide cash benefits to families who can meet the program non-medical requirements as well as the medical requirements the child’s condition or combination of conditions must satisfy.
Working with an experienced Fayetteville AR disability lawyer like Ken Kieklak, Attorney at Law can improve the likelihood that your benefits application will be accepted the first time. If you have already received a denial, Ken Kieklak can review your case and can potentially file an appeal for a benefits award.
For What Types of Learning or Developmental Disabilities Can Childhood Social Security Benefits be Granted?
There is a broad array of conditions and impairments that can qualify a child for Social Security benefits. In fact, the Social Security Administration (SSA) has compiled a list of conditions, for children and adults that can automatically qualify a child for benefits. However it is essential to note that a mere diagnosis is insufficient to establish the presence of these conditions.
Provided that the family can meet the non-medical program requirements, conditions that may qualify a child for disability benefits includes:
- 111.07 Cerebral palsy with a severe motor dysfunction or less severe motor function impairment with one of the following: a seizure disorder, a low IQ of 70 or less, a significant emotional disorder, or a significant communication disorder.
- 111.08 Meningomyelocele and other types of spina bifidas may allow a child to qualify for benefits when a severe motor dysfunction is present or less a severe motor function impairment with one of the following is present: a low IQ of 70 or less, age-inappropriate urinary of fecal incontinence, 4 extremity involvement, or uncontrolled cranial fluid that interferes with mental or motor skill development.
- 111.09 Communication impairment associated with documented neurological disorder along with a speech deficit, comprehension deficit, or hearing impairment.
- 112.05 Intellectual disabilities that are characterized by significantly sub-average general intellectual functioning with deficits in adaptive functioning. A number of other medical finding must be present to qualify through this listing.
- 112.10 Autistic Disorder and other disorders characterized by social development deficits can qualify an individual if qualitative deficits are present along with other age-inappropriate restrictions.
- 112.11 Attention Deficit Hyperactivity Disorder (ADHD) typically involves inattention, a lack of focus and extreme levels of activity. The presence of marked inattention, marked impulsiveness, and marked hyperactivity along with other age-appropriate criteria can qualify a child for benefits.
If a child has a learning disability that is not listed above or in the SSA’s listings, he or she may still qualify for benefits. A child can also qualify if his or her impairment or combination of impairments is so severe that it is medically or functionally equal to a listed condition. The Law Practice of Ken Kieklak can assist you in gathering supporting documentation including medical and educational records and reports of daily living from caregivers.
What Happens When My Child Reaches Age 18?
If your child was awarded childhood disability benefits, he or she will become an adult for program-purposes at age 18. This means that your child’s medical condition will be reviewed by the SSA when he or she reaches age 18. This review will be performed under the adult disability rules and typically occurs in the 1-yar period following the child’s 18th birthday. In some instances where the child did not originally qualify for benefits due to family income in excess of program limits may now qualify because, under the adult rules, the child’s parents’ income no longer counts against the child’s limits on SGA.
Let an Arkansas Social Security Lawyer Fight for You
Experienced Social Security Disability benefits lawyer, Ken Kieklak, can help your child qualify for disability benefits if he or she has a learning disability or other severe impairments. Our firm is committed to fighting for hard-working parents, grandparents and guardians who only want what is best for their child. To schedule your free and confidential childhood disability consultation, call (479) 316-0438 or contact our firm online.
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