People often wonder if their child can receive Social Security Disability. Children with a disability can receive SSI benefits if certain poverty guidelines are met. The sequential evaluation for children’s cases is different than for that of adults. Analysis of a child’s claim of disability requires three sequential steps.
First, a child will be found not disabled if he or she is engaging in substantial gainful activity. 20 C.F.R. § 416.924(b).
Second, if a child does not have an impairment or combination of impairments that is severe, the child will not be found disabled. 20 C.F.R. § 416.924(c).
Third, a child will be found to be disabled if he or she has an impairment or combination of impairments that meets or equals an impairment listed in 20 C.F.R. Pt. 404, Subpt. P, App. 1, Pt. B. 20 C.F.R. § 416.924(d). If an impairment does not “meet” a listed impairment, disability may nonetheless be established if the child’s impairment is medically or functionally equivalent to a listed impairment.
It should be noted that the listing requirements for childhood impairments are different than those for adults. The sequential evaluation does not go past Step 3 for children’s cases since children are not expected to have to enter the workforce.
Childhood SSI claims are generally more difficult to win than adult claims, but the claims can be successful if the rights supporting information is gathered from medical and non-medical sources. It is essential that the claimant’s representative is familiar with the listed impairments contained in the regulations.
If you need more information about a personal injury matter (car wreck, boating accident, slip and fall, etc.), Social Security Disability or SSI matter, EEOICPA claim, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611, or through our website. Our office handles claims throughout East Tennessee, including Knoxville, Chattanooga, Kingsport, Bristol, Johnson City, Morristown, Maryville, Rogersville, Dandridge, Tazewell, New Tazewell, Jefferson City, Strawberry Plains, Sevierville, Gatlinburg, Loudon, Kingston, Halls, Maynardville, Crossville, Cookeville, Sweetwater, Lenoir City, Athens, Oak Ridge, Clinton, LaFollette, Lake City, Jacksboro, Bean Station, Cosby, Newport, White Pine, Mosheim, Wartburg, Sunbright, Pigeon Forge, and Deer Lodge.