A child up to 18 years old may receive Supplemental Security Income child benefits if they are found
disabled by Social Security and the parents income and resources are low enough. Social Security defines disability
in children. Under title XVI, a child under age 18 will be considered disabled if he or she has a
medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to cause death
or that has lasted or can be expected to last for a continuous period of not less than 12 months.
There
is a three step process Social Security uses to determine if a child is disabled for child's SSI.
- First,
is the child working at substantial gainful activity (SGA) level. If the child is working the claim for child's SSI will be denied. If the child is not working we move to
step 2.
- Step 2, Does the child claimant have a severe impairment. If not the child will be denied. If the child has a severe impairment we move to step 3.
- Step
3, does the child impairment meet, medically equal or functionally equal one of the listed impairments.
Most child SSI cases are decided ultimately on whether the child functionally equals one of the listed impairments.
If a child clearly meets a listing the child will usually win fairly quickly if all supporting medical records are in.
I am going to address the cases were a child does not meet any of the listing of impairments.
For a child
to functionally equal a listed impairment the must have marked limitations in two domains or an extreme limitation in one.
The six domains are:
- 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
In each of these domains the child is compared to other children their age. The Social Security
Administration will look at each of these domains and determine if the child's limitations from her impairment in
each domain is severe enough to be marked or extreme. An impairment is considered marked if it seriously interferes
with the child's overall abilities. An impairment is generally considered marked if the child's functioning
is at least 2 but no more than 3 standard deviations from the mean. 20 CFR $416.926a (e). An impairment is considered
extreme if it very seriously interferes with child's overall abilities. An impairment is generally considered extreme
if the child's functioning is at least 3 deviations below the mean. If a child is found to have a marked limitations of
2 domains or an extreme limitation of one then the impairment is functionally equivalent to a listed impairment.
20 CFR $416.926a. So, if the child functionally equals a listed impairment they will be found disabled.
You
may be unsure of how you go about applying for Child's SSI. Make sure to bookmark this site so you can come back
later. If you want information on how to apply click on the link "how to apply for child's SSI" this will direct you to Social Security's web site.
So how does Social Security define a marked limitation in child SSI cases. According to
Program Operations Manual or POMS.We will find that you have a "marked" limitation
in a domain when your impairment(s) interferes seriously with your ability to independently initiate, sustain, or complete
activities. Your day-to-day functioning may be seriously limited when your impairment(s) limits only one activity or when
the interactive and cumulative effects of your impairment(s) limit several activities. "Marked" limitation also
means a limitation that is "more than moderate" but "less than extreme." It is the equivalent of the functioning
we would expect to find on standardized testing with scores that are at least two, but less than three, standard deviations
below the mean.
If you have not attained age 3, we will generally find that you have a "marked"
limitation if you are functioning at a level that is more than one-half but not more than two-thirds of your chronological
age when there are no standard scores from standardized tests in your case record.
If you are a child of any age
(birth to the attainment of age 18), we will find that you have a "marked" limitation when you have a valid score
that is two standard deviations or more below the mean, but less than three standard deviations, on a comprehensive standardized
test designed to measure ability or functioning in that domain, and your day-to-day functioning in domain-related activities
is consistent with that score.
For the sixth domain of functioning, "Health and physical well-being,"
we may also consider you to have a "marked" limitation if you are frequently ill because of your impairment(s) or
have frequent exacerbations of your impairment(s) that result in significant, documented symptoms or signs. For purposes of
this domain, "frequent" means that you have episodes of illness or exacerbations that occur on an average of 3 times
a year, or once every 4 months, each lasting 2 weeks or more. We may also find that you have a "marked" limitation
if you have episodes that occur more often than 3 times in a year or once every 4 months but do not last for 2 weeks, or occur
less often than an average of 3 times a year or once every 4 months but last longer than 2 weeks, if the overall effect (based
on the length of the episode(s) or its frequency) is equivalent in severity.
How does Social
Security define an extreme limitation in child SSI cases.
We will find that you have an
"extreme" limitation in a domain when your impairment(s) interferes very seriously with your ability to independently
initiate, sustain, or complete activities. Your day-to-day functioning may be very seriously limited when your impairment(s)
limits only one activity or when the interactive and cumulative effects of your impairment(s) limit several activities. "Extreme"
limitation also means a limitation that is "more than marked." "Extreme" limitation is the rating we give
to the worst limitations. However, "extreme limitation" does not necessarily mean a total lack or loss of ability
to function. It is the equivalent of the functioning we would expect to find on standardized testing with scores that are
at least three standard deviations below the mean.
If you have not attained age 3, we will generally find
that you have an "extreme" limitation if you are functioning at a level that is one-half of your chronological age
or less when there are no standard scores from standardized tests in your case record.
If you are a child of any
age (birth to the attainment of age 18), we will find that you have an "extreme" limitation when you have a valid
score that is three standard deviations or more below the mean on a comprehensive standardized test designed to measure ability
or functioning in that domain, and your day-to-day functioning in domain-related activities is consistent with that score.
For the sixth domain of functioning, "Health and physical well-being," we may also consider you to have
an "extreme" limitation if you are frequently ill because of your impairment(s) or have frequent exacerbations of
your impairment(s) that result in significant, documented symptoms or signs substantially in excess of the requirements for
showing a "marked" limitation in DI 25225.020B.4. However, if you have episodes of illness or exacerbations
of your impairment(s) that we would rate as "extreme" under this definition, your impairment(s) should meet or medically
equal the requirements of a listing in most cases.