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Tulsa Social Security Lawyers And Child Disabilty

Tulsa Social Security Lawyers And Child Disabilty
January 27, 2012 admin

Does My Child Qualify For Disability in Okahoma

Social Security Claims for Children 

SSA uses a four-step sequential evaluation to determine if a child is disabled. See 20 C.F.R. § 416.924.

The four steps are:

   Is the child working?

  • The Determination:
    • Is the child under the age of 18?
    • Is the child working and earning more than $1010/mo. (2012)?
  • If the answer is yes, the child is not disabled.
  • If the answer is no, go to step 2.

‚   Does the child have a medically determinable impairment or combination of impairments that is severe?

  • If the answer is no, the child is not disabled.
  • If the answer is yes, GO ON TO STEP 3.

ƒ   Do the child’s impairment(s):

  1. A.   Meet the requirements in the Listings?
  • The Determination:
  • The impairment(s) must cause marked and severe functional limitations as defined in 20 C.F.R. § 416.906 following a sequential evaluation process for children set out in 20 C.F.R. § 416.924.
  • SSI payments may be immediate and last for up to six months, pending SSA’s findings of disability, if the child suffers from:
    • HIV infection;
    • Total blindness;
    • Total deafness;
    • Cerebral palsy;
    • Down syndrome;
    • Muscular dystrophy;
    • Severe intellectual disorder (child age 7 or older; or
    • Birth weight below 2 pounds, 10 ounces.
    • However, if the child is later found not to be disabled, this money must be paid back to SSA.
      • If the answer is yes, GO ON TO STEP 4.
      • If the child has a severe impairment that does not meet the requirements of a listed impairment, GO ON TO STEP 3B.
  1. B.    Meet an equivalence standard of a listed impairment?
  • The Determination:
  • If the child has a sever impairment that does not meet the requirements of the listed impairment, the SSA will determine if the child’s impairment(s) medically equal(s)the requirements of a listed impairment.
    • If the answer is yes, the child medically equals the listings. GO ON TO STEP 4.
    • If the child’s impairment(s) does not medically equal the requirements of the listings, GO ON TO STEP 3C.
  1. C.          Involve functional limitations which are the same as functional limitations in the Listings?
  • The Determination:
  • If the child has a severe impairment that does not meet or medically equal the requirements of a listed impairment, SSA will determine if the child’s impairment(s) functionally equals listing-level severity (see 20 C.F.R. § 416.926a.)
  • SSA has issued a series of eight Social Security Rulings that provide policy interpretations regarding the determination of SSI childhood disability under the “functional equivalence” rule.
  • To functionally equal the listings, the child must have “marked” limitations in two domains of functioning OR an “extreme” limitation in one domain.
  • There are six domainsof functioning in the regulations. These Social Security Rulings address the six domains plus the “whole child” approach and documenting the child’s limitations.
    • Soc. Sec. Rul. 09-1 p, The “Whole Child” Approach, 74 Fed. Reg. 7527 (Feb. 17, 2009);
    • Soc. Sec. Rul. 09-2p, Documenting a Child’s Impairment-Related Limitations, 74 Fed. Reg. 7625 (Feb. 18, 2009);
    • Soc. Sec. Rul. 09-3p, The Functional Equivalence Domain of “Acquiring and Using Information,” 74 Fed. Reg. 7511 (Feb. 17, 2009);
    • Soc. Sec. Rul. 09-4p, The Functional Equivalence Domain of “Attending and Completing Tasks,” 74 Fed. Reg. 7630 (Feb. 18, 2009);
    • Soc. Sec. Rul. 09-5p, The Functional Equivalence Domain of “Interacting and Relating With Others,” 74 Fed. Reg. 7515 (Feb. 17, 2009);
    • Soc. Sec. Rul. 09-6p, The Functional Equivalence Domain of “Moving About and Manipulating Objects,” 74 Fed. Reg. 7518 (Feb. 17, 2009);
    • Soc. Sec. Rul. 09-7p, The Functional Equivalence Domain of “Caring for Yourself,” 74 Fed. Reg. 7521 (Feb. 17, 2009); and
    • Soc. Sec. Rul. 09-8p, The Functional Equivalence Domain of “Health and Physical Well-Being,” 74 Fed. Reg. 7524 (Feb, 17, 2009).
      • If the answer is yes, the child functionally equals the listings. GO ON TO STEP 4.
      • If the answer is no, the child is not disabled.

„   Have the child’s condition(s) been disabling, or are they expected to be disabling, for at least 12 months; or are they expected to result in death?

  • If the answer is yes, the child is DISABLED.
  • If the answer is no, the child is not disabled.

Reviews of the child’s medical condition are performed at least every three years (possibly more frequently), even if the child is not expected to improve

When the child reaches 18 years of age, different rules are used. The child’s condition will be reviewed using these rules when he or she turns 18 years of age.

This blog represents the analisis that is applied by SSD lawyers and Judges in Oklahoma in determining if your child qualifies for Social Security Disability.  If you have any questions please call our SSDI lawyers here in Tulsa and we will arrange a free consultation

Tulsa Disabilty Lawyers 918-742-3333

 

 

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