Getting Disability for a Child With Learning Disability

Children who have severe learning disabilities—disorders that affect how the brain processes new information—might qualify for Supplemental Security Income (SSI), Social Security's disability program for households with limited resources. SSI benefits can be useful in covering the cost of tutors, lessons, or other therapies that can help improve the level of functioning for children with learning disabilities or developmental delays.

To determine if a child with learning disabilities qualifies for SSI, Social Security uses a disability evaluation handbook that outlines the criteria for disability for various medical conditions. The agency calls these rules "listings." Knowing what evidence Social Security looks for in order to decide whether your child "meets a listing" is an important tool you can use to make your child's case as strong as possible and increase the odds of a successful disability claim.

Is a Learning Disability a Disability?

In certain cases, yes. Social Security recognizes learning disabilities as disabling medical conditions underlisting 112.11 for neurodevelopmental disorders. Diagnoses that can be evaluated using this listing include dyslexia (difficulty reading), dyscalculia (difficulty with numbers and math), and other types of specific learning problems. Children can meet the requirements of listing 112.11 with medical documentation of the following:

• significant difficulties learning and using academic skills
• frequent distractibility, difficulty sustaining attention, and difficulty organizing tasks
• recurrent motor movements or vocalizations, or
• hyperactive and impulsive behavior (like difficulty remaining seated, excessive talking, difficulty waiting, or restlessness).

Additionally, your child must be either "extremely" limited in one, or "markedly" limited in two, of the following functional areas:

• understanding, remembering, or applying information (the ability to learn terms and concepts, follow instructions, and solve problems)
• interacting with others (the ability to understand social cues, cooperate, make and maintain friendships, and handle conflicts)
• concentrating on tasks and maintaining pace (the ability to complete tasks on time, ignore or avoid distractions, and work close to others without distracting them), and
• managing oneself (the ability to avoid harmful situations, regulate emotions, control behavior, and maintain personal hygiene).

Social Security defines a "marked" limitation as one that seriously interferes with a child's ability to start or finish tasks. Marked is "more than moderate, but less than extreme." An "extreme" limitation very seriously interferes with a child's ability to start or finish tasks. The agency finds only the worst limitations to be extreme, but extreme doesn't necessarily mean being completely unable to function in a specific area.

How Hard Is It to Qualify for SSI Under the Learning Disability Listing?

Many children with severe learning disabilities will be able to show that they're markedly limited in learning and understanding information, but most won't be extremely limited in this area (unless they also have a significant intellectual disorder). And many children with learning disabilities won't have a marked limitation in a second area (like social interaction, concentration, or managing oneself), so it can be difficult to meet the criteria in listing 112.11.

For example, dyscalculia (trouble with understanding numbers) can include the inability to understand addition and subtraction, to know how many objects are in a group, and to read analog clocks. But dyscalculia only concerns struggles related to numbers and arithmetic—children with a dyscalculia diagnosis would be expected to have normal cognitive functioning in other areas. In order to qualify for SSI, you'll need to have medical evidence showing that your child's cognitive functioning as a whole is markedly or extremely impaired.

Can an IEP Prove Your Child's Learning Disability Is Disabling?

Having an individualized education plan (IEP) can be very valuable evidence in showing that your child meets or functionally equals listing 112.11. IEPs are written documents that establish the presence of a learning disability, describe impairment-related limitations, and address the specific type of support that the child will need to help achieve educational goals. (SSR 09-2p).

Therefore, information contained in the IEP may be very persuasive to Social Security claims examiners and disability judges who decide whether your child is disabled. For example, the IEP can explain how your child compares developmentally with other children their age and why they may need accommodations such as adaptive equipment or extra time to complete assignments.

An IEP alone doesn't guarantee that your child will be found disabled, however. Social Security will want to see a longitudinal (long-term) history of your child's learning disability. Comprehensive notes from doctors and educators can provide a picture of your child's functioning over time by including the following:

• various standardized and specialized testing results
• cognitive and psychological evaluations
• notes about attendance and behavior, and
• evidence of any school-based interventions, like speech therapy.

Teachers' opinions can provide a unique insight into your child's overall functioning throughout the school years. Qualified educators may complete the Teacher Questionnaire (Form SSA-5665), an extensive form that asks your child's teacher to describe what your child can and can't do in a number of school-related tasks. This form is a great way for educators to address the mental and physical limitations of a child with a learning disability, including how well a child is able to perform the following:

• learn, acquire, or use information
• maintain attention to start and finish tasks
• initiate and sustain emotional connections with others
• move their body or manipulate objects, and
• copes with stress or changes in the environment.

Even if your child's records document a history of learning disability or delayed development, Social Security may still want to get a more recent assessment of their limitations. It's not uncommon for the agency to ask you to bring your child to a psychological consultative evaluation to evaluate the child's current level of functioning.

My Child Has a Learning Disability, How Can I Apply for SSI?

As a needs-based disability benefit, the SSI program has strict income limits and asset limits, and Social Security will count part of a parent's income as belonging to the child for eligibility purposes. You should check whether you meet these non-medical requirements before you apply for SSI, because if you don't, Social Security can't award your child benefits no matter how severe their learning disabilities are. (For more information, visit our article on children's eligibility for SSI based on their parents' income.)

Once you're ready to apply, you'll need to complete two steps. First, you should complete the online Child Disability Report. Then, call 800-772-1213 between 8 a.m. and 7 p.m., Monday through Friday, to speak with a representative over the phone and complete the application. You can also schedule an in-person appointment at your local Social Security field office.

If you have questions or you'd like help with the application process, you may want to consider a consultation with an experienced disability attorney. When looking for a lawyer, ask your potential representative how many child SSI cases they've handled. Child claims are less common than adult claims, so disability attorneys don't see them often. Even so, a reputable attorney will be familiar with the childhood listings and how they differ from the adult ones, and can give you an idea about whether your child has a good chance at getting benefits.