The key to Social Security children’s disability cases: functional equivalence
Most children’s Social Security disability cases are decided using Functional Equivalence. If you need some background before diving into this, check out my earlier piece on the basics of Social Security and children’s disability benefits.
If you cannot clearly prove that a child meets or medically equals a listing, it often a good idea to prepare to prove the case using functional equivalence. Do not worry about the terminology. The process is fairly simple: to decide functional equivalence, Social Security looks at children’s functions in 6 areas (or “domains”):
Acquiring and using information.
Attending and completing tasks.
Interacting and relating with others.
Moving about and manipulating objects.
Caring for yourself.
Health and physical well-being.
To win a child’s Social Security disability case for functional equivalence, you need to have either a) an extreme in limitation in one domain; or b) a marked limitation in two domains.
However, what constitutes a marked or an extreme limitations can be hard to determine.
How to view Social Security’s new encrypted disks
I previously wrote about how to read Social Security’s (previously non-encrypted) cd disks and several articles on how to find information with the Social Security files.
Since Social Security has started provided encrypted Social Security exhibit CDs, many people contacting my office have not been able to access their files. The Social Security encrypted disks are keeping claimants from accessing their data.
First, you have to be running Microsoft Windows. Fortunately, some early concerns about having the encryption system only working in Windows Vista seem to be unfounded. I have been able to access the encryption system in Windows 7. However, if you are using a Mac (like I am) or Linux, you are out of luck unless you virtualize a Windows system.
Let’s go through how to get at those file!
Is there a perfect recipe for a Social Security disability case?
I had a great back and forth discussion with one of my readers in the comments about how different evidence affects a Social Security disability case. Here is part of the comment:
If you go to a mental health clinic for disabling mental impairments. They usually score you and document how impaired you are and what your level of functioning is. So, I would think it would be easier getting your case approved for a mental health disability if the mental health clinic has documentation showing you have extreme low level of functioning vs. someone applying for disability for say chronic fatigue or …
Can non-citizens receive Social Security SSI disability benefits?
Yes. Lawful immigrants to the United States are eligible to receive Social Security disability benefits.
In general, beginning August 22, 1996, most noncitizens must meet two requirements to potentially be eligible for SSI:
Be in a qualified alien category, and
Meet a condition that allows qualified aliens to get SSI.
There are eight categories of qualified aliens. The categories are:
Lawfully admitted for permanent residence in the United States (LAPR), including certain Amerasian immigrants;
Conditional Entrants under the law in effect before April 1,1980;
Paroled into the United States for certain reasons for a period of one year or more;
Refugee;
Granted asylum;
Deportation or removal is being withheld for certain reasons; or
Cuban and …
Social Security Disability Benefits for Children
Disabled children under age 18 can receive Social Security disability benefits under the Supplemental Security Income (SSI) program, or “Child’s SSI.” In order to qualify for children’s disability benefits, Social Security requires that the child:
Is not working at a job that Social Security considers to be substantial work; and
Has a physical or mental condition (or a combination of conditions) that results in “marked and severe functional limitations.” This means that the condition(s) very seriously limits his or her activities; and
The condition(s) has lasted, or is expected to last, at least 1 year or is expected to result in death.
Note: some conditions result in presumptive disability decision. If your child has one of these condition, he or she may be able to be instantly approved.
However, the majority of children’s disability cases focuses on the second part, the requirement of that a condition produces “marked and severe functional limitation.” There are several ways of doing this:
