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Child disability claims are covered under the supplemental security income (SSI) program, or title 16 of the Social Security Act. Child disability claims are different from adult disability claims in one very important respect: Child disability claims do not have to provide proof that the child is unable to work as a result of his or her impairment. In order to qualify for SSI, children must be determined to have a severe, ongoing medical condition that prevents them from participating in age-appropriate activities. Because the definition of disability is different for children than adults, the types of documentation required as evidence of an impairment differ as well. Obviously work history is not an issue here; instead, school records for the child are necessary to give a disability judge an overview of the child’s functionality upon which to base an opinion. School records are necessary regardless of if the child’s impairment is physical or mental. Medical conditions such as ADHD, retardation, autism, or other learning disabilities have a profound impact on academic and social skills, but physical conditions such as asthma, seizure disorders, chronic migraines, etc., can negatively affect these areas of performance as well. The types of academic records that should be submitted in support of an SSI claim include anything and everything that will help a judge gain a full understanding of the child’s condition and how it affects his or her behavior in the classroom. Copies of Individualized Education Plans (IEPs), IQ tests, and any other academic or specialized testing are good for a start, but it’s also ideal to ask teacher(s) to fill out questionnaires regarding the child’s academic and social functional abilities. There is really no one more qualified to give an accurate description of the child’s school activities, or to compare his or her performance to other children at the same grade level, than a teacher. Gathering these school records isn’t always easy. Academic records are kept at different locations, depending on the school district. Some districts keep student records at a central records department, while others simply store them at the individual school guidance offices. The only way to know for sure where to send a request for records is to call the child’s school and ask. Once you have determined where to send a records request, be sure to list the types of information you need or you may not get what you are looking for. Also, be sure to include a signed medical release form. Actually, the entire process of gathering records (with the exception of signing the release form) can and should be handled by the claimant’s disability attorney. This is extremely helpful, particularly when it comes to the teacher questionnaires, because the Social Security Administration (SSA) does not provide questionnaire forms, and it’s important to ask the right questions to solicit the type of evidence you need (specific detail is helpful, generalized statements such as “is disruptive in class” are not). Parents should ask their chosen legal representative if he or she plans to solicit teacher questionnaires (they can be so important to the outcome of a child disability case). If the answer is no, then it’s obvious that the attorney is not doing everything possible to secure a positive outcome for the child, and at that point it would be wise to seek a different disability attorney to represent the case. 
Social Security Disability and SSI Disability Information
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