Yes. Under some circumstances, Social Security can immediately start Social Security disability benefits, and continue to pay benefits for up to six months, while the state agency component of Social Security makes a formal decision of whether the child is disabled. These are called “Presumptive Disability” cases.

Basically, Social Security is saying that the child is probably disabled, and as such will pay benefits, while it reviews the case to confirm the presumed disability.

Here are the conditions that may qualify:

• HIV infection;
• Total blindness;
• Total deafness;
• Cerebral palsy;
• Down syndrome;
• Muscular dystrophy;
• Severe mental retardation (child age 7 or older); and
• Birth weight below 2 pounds, 10 ounces.

According to Social Security (POMS DI 11055.230):

The presumptive disability/blindness payments end the earliest of:

• The month in which the Disability Determination Services (DDS) makes a formal finding on whether the claimant is disabled or blind;
• The month for which the claimant is paid the sixth monthly payment based on PD or PB; or
• The month in which the claimant no longer meets one of the other eligibility requirements for SSI (e.g., excess income/resources).

If the Social Security state agency decides that the condition is not severe enough for SSI, you do not have to pay the money back. And that is very good news.

However, (you knew there had to be a however, didn’t you?) payments on presumptive disability cases CAN be considered overpayments (which a parent/guardian may have to pay back) if:

• The claim is disallowed due to ineligibility based on non-medical factors; or
• Social Security subsequently determine that it computed the amount of payment in error.

Or, put in English, if the child is later denied for non-medical reason (for example, if the household makes too much money or has too much in assets) or if Social Security got the benefit amount wrong.

See Social Security publication for a general overview. See  DI 11055.230 Presumptive Disability (PD) and Presumptive Blindness (PB) Provisions for more information about the overpayment issue.

I recently read this story from Dr. Mark Mostert about a major airline’s inability to deal appropriately with a person with severe hearing loss.  If the Fail Blog had a corporate failure section, this would be on it.

…my wife, Deborah, has a severe hearing impairment – both ears. Deborah wears state-of-the-art hearing aids that are only somewhat helpful.

Last week my wife turned up at the United counter in Norfolk, Virginia, to check in for her flight.

United Airlines employee: Says here you have a disability. Do you need assistance?

Deb: Yes, I’m deaf.

Puzzled silence.

United Airlines employee (somewhat sullenly): Do you need assistance?

Deb: Yes, I have a severe hearing impairment.

United Airlines employee (now a little irritated): Do you need assistance?

Deb (sighing): Yes, it’s very difficult for me to hear anything. . .

United Airlines employee (obviously ready to move on): Do you need a wheelchair?

I find this exchange interesting because it does not appear to start with malice on the part of the UA employee. I can only imagine that the UA employee could not conceive that a person who was conversing with him and responding to his questions, could label themselves as “deaf.”

Is this ignorance?  Yes. But, not malice. The cure for ignorance is more information, which Deborah provides:

I have a severe hearing impairment.  It is very difficult to hear anything.

But instead of the expected the “a-ha” moment, the employee offers her a wheelchair. FAIL!   

I do not expect everyone to be sensitive to every disability. People are just not very good at putting themselves in someone else’s shoes.  But, when someone takes the time to explain their needs to you, take the time to listen and try to help.

Via Disability Matters.