Are Children More Easily Approved for Social Security Disability?

Children often have a harder time getting approved for SSI disability benefits—especially for certain conditions.

When you have a child with a disability, federal programs like SSI (Supplemental Security Income) can help you meet your child's basic needs. SSI is available to children whose families meet the financial eligibility requirements for this needs-based program—if they have a physical or mental condition that meets Social Security's disability definition.

But children's SSI disability cases are often harder to win than adult cases. Below we'll discuss why children's disability claims are hard to prove and how to improve your child's odds of approval for SSI disability benefits.

Why Are Children's SSI Claims Harder to Prove?

Many children's disability claims are hard to prove because they're based on impairments that are difficult or impossible to detect with standard medical tests, like blood tests and X-rays. Some of the childhood impairments that fall into this category include the following:

These medical conditions common in children can be difficult to win benefits for—except in severe cases.

Proving a Child's SSI Claim Based on Asthma

The Social Security Administration (SSA) evaluates children with asthma or seizures according to the number of documented attacks they experience—meaning asthma attacks or seizures requiring hospitalization—within a specified period of time.

Social Security also considers whether a child is taking medication for the disorder. Children with severe asthma often use prescribed steroids such as prelone syrup or solumedrol. If your child's disability claim is based on asthma and your doctor hasn't prescribed a steroid medication, the disability claims examiner might not believe the severity of your child's asthma rises to the level of disability. Read more about getting disability for a child with asthma.

Getting SSI for Children with Seizure Disorders

For a child with a seizure disorder, medication can be an issue. If your child takes prescribed medication and still has documented seizures frequently enough to meet the requirements of Social Security's impairment listing (childhood epilepsy listing 111.02), your child's disability would likely be approved.

But suppose a child isn't taking seizure medication as prescribed, or the child's parents can't afford the seizure medication. In either case, Social Security can't know if taking the medication as directed would improve the child's condition or if the child's seizures would continue to be disabling. With no evidence about the effects of regular medication use, Social Security may deny such a claim.

For more information, see our article on how not taking medication affects disability decisions.

Getting SSI for Children With Learning Disabilities or ADHD

Children with ADHD or learning disabilities aren't often granted benefits for these conditions. Social Security denies the majority of SSI disability applications for children that are based on ADHD or learning disabilities.

It's not impossible to get SSI benefits approved for a child with ADHD or a learning disability. But to have any chance of approval based on ADHD or a learning disability, your child should:

  • be receiving special education
  • have an IEP in place, and
  • have evidence of measurable "functional deficits" in school.

And you'll need to ensure Social Security receives all pertinent evidence of your child's disability, including medical reports and school records.

All of the following will affect your child's SSI claim for ADHD or a learning disability:

  • teacher observations
  • whether or not your child has recently been administered psychological testing (such as the WISC-III or Weschler Intelligence Scale for Children, version 3), and
  • whether or not your child has recently undergone achievement testing.

For more information, see our articles on disability for children with ADHD and disability for children with learning disabilities.

What You Need to Win an SSI Claim for a Child

Before approving a child's SSI disability benefits, Social Security requires detailed information about the following:

  • the child's medical condition, and
  • the effect the condition has on the child's ability to function on a daily basis.

How Social Security Assesses the Child's Abilities and Limitations

Social Security will use the information you submit to determine whether your child's condition meets the requirements of a listing (such as the epilepsy listing mentioned above).

If your child doesn't meet a listing, Social Security will assess your child's limitations in six areas of functioning. A child with "marked and severe" limitations that have lasted at least a year and affect the child's daily functioning should qualify as disabled.

Because some of the areas of functioning that the SSA assesses have to do with being able to learn information, complete tasks, and interact with others, it makes sense that the agency will want to see school records. Even though conditions like epilepsy and asthma don't generally affect cognitive abilities, if they cause multiple absences per month, they're likely to cause some limitations in learning.

What Records Will Social Security Look At?

Social Security will consider evidence from a variety of professionals who have information about your child's condition, like staff members at your child's school and doctors and other healthcare providers.

Social Security claims examiners will especially want to see school records and hear from educational professionals whose opinions back up your child's claim. Social Security will usually ask schools to provide your child's records, including the following:

  • academic performance records
  • psychological evaluations
  • attendance records
  • behavior records
  • standardized test scores and other specialized testing records
  • school-based therapeutic interventions (e.g., speech and language therapy)
  • any other special services your child receives, including placement in:
    • special education classes or
    • other specially adapted settings
  • teachers' assessments detailing your child's activities and functioning, including:
    • what the child can do, and
    • what the child can't do or is limited in doing, and
  • individualized education programs (IEP) and 504 plans.

For a child with cognitive, neurologic, or mental impairments, what's in the child's IEP or 504 plan can make or break an SSI disability claim.

What Are Individualized Education Programs (IEPs) and 504 Plans?

Just because a child has an Individualized Education Program (IEP), it doesn't necessarily mean the child will be considered disabled by Social Security. But IEPs and 504 Plans can be central to proving a disability claim for a child with neurological and/or mental impairments such as:

  • intellectual disability
  • serious emotional disturbance
  • autism
  • ADHD
  • seizure disorder
  • traumatic brain injury, and
  • specific learning disability.

IEPs and Necessary Services

The IEP is the individual education program developed for your child by the special education professionals at your child's school. Your child's IEP can be particularly helpful in proving disability because it's tailored to your child's unique needs. Thus, the IEP contains a lot of information about your child's condition, including details about:

  • your child's limitations and current level of function
  • annual academic and functional goals and how your child's progress will be measured
  • the educational environment and support services your child needs (like assistive technology or occupational therapy), including when, where, and how often those services will be provided, and
  • vocational and placement needs (for a child age 16 or older).

504 Plans and Necessary Accommodations

A 504 plan focuses on the accommodations your child needs to ensure the child with impairments has access to the learning environment and to what's needed to succeed in that environment. The 504 plan is named for Section 504 of the Rehabilitation Act of 1973.

Under the law, any child whose access to learning in the educational setting is "substantially" reduced because of a learning, behavioral, or medical condition is entitled to any accommodations the child needs to have access to learning. So, your child's 504 plan will detail the accommodations and modifications your child needs in current or future academic settings.

For instance, the 504 plan for a child with ADHD could include accommodations like allowing the student to take 15-20 minute "brain breaks" or providing the student with "fidget items" during instruction. The 504 plan for a visually impaired child might include using audiobooks or computer-aided instruction.

What If Your Disabled Child Doesn't Have an IEP or 504 Plan?

The federal Individuals with Disabilities Education Act (IDEA) protects the rights of children with disabilities—including learning disabilities and neurological conditions—to free public education, including any special education and related services they need. This federal law also gives you the right to have your child assessed or tested to determine your child's special education eligibility and needs.

If your child hasn't been evaluated for special education, requesting such an evaluation is your first step. Under the IDEA, the school is required to test your child in every suspected area of disability if there's some evidence that a disability is adversely affecting your child's performance. Learn more about the federal laws that protect your child from disability discrimination at school.

The Lengthy SSI Claims Process Can Work Against Your Child

The one similarity in the disability evaluation process that connects physical and mental impairments is the fact that as children grow older, their conditions often improve. That's good for your child's development in the long run, but it can actually hurt your child's SSI claim.

That's because winning an SSI claim for a child isn't a fast process—it can take a couple of years just to get a disability hearing before an administrative law judge (ALJ). Sometimes, by the time the child's claim reaches the ALJ, the child's status in school or medical condition will have improved enough that it no longer meets Social Security's definition of disabled.

Learn more about how to get SSI disability benefits for children.

Updated May 24, 2023

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