How Do You Evaluate Whether Your Child's SSI Case is Viable?

Jonathan Ginsberg — Sat, 15 Nov 2008 03:03:20 +0000

I recently received the following email from a reader of this blog:

I am just wondering if I am wasting my time, my son has been diagnosed adhd for about 4 years now, I think its more but we havent gotten there yet. He is in regular classes but is also in resource at school, he also had to be held back a grade due to his problems the first year being diagnosed. Would he possibly qualify at all for disability benefits.

Jonathan Ginsberg's response: In order to win a child disability case, you will need to show that your child meets a Listing. The Listings for children are different than the Listings for adults. You can review the childhood disability listings by clicking on the link.

The Listing for ADHD may be found at Listing 112.00 Mental Disorders-Childhood. I can tell you from experience that you will have an uphill battle with an ADHD claim. There are a lot of parents out there who are filing disability claims on behalf of children and basing their claims on ADD or ADHD. That is not to say that ADD or ADHD is not real or that it is not debilitating for your child. I just want you to know that judges and medical experts called at hearings will be skeptical.

I would not recommend pursuing an ADHD claim on your own – you will be benefit greatly by consulting with an experienced disability lawyer. Best of luck to you.

Post from: Social Security Disability Blog

How Do You Evaluate Whether Your Child's SSI Case is Viable?

ADHD Child SSI claim

Jonathan Ginsberg — Wed, 08 Mar 2006 22:53:52 +0000

Ii just got custody of my nephew from cps and he has been in residential treatment centers in fort worth, we had him tested thru the school system and discovered that he is emotional disturbed and has adhd and boplar disorder2 and also has obsessive defiant disorder we also learned that we had to put him in special education classes because of an issue that he was acting out inappropriately in class(taking his clothes off in front of the other students in the class) The school system suggested that we try to apply for benefits. He is only five years old.
–Felicia

Jonathan Ginsberg responds: Child SSi claims are different than adult disability claims and different rules apply. Generally, to win a child SSi case, you have to show that the child meets a “listing.” Click on the link to view the listing most closely related to ADHD. As you might imagine ADD and ADHD diagnoses are commonly seen in Social Security courtrooms and judges are very concerned that some parents are too quick to label their children as ADHD or ADD. As such it has been my observation that you will need a treatment history and support from a treating psychiatrist or psychologist. You can learn more about the child SSI process by requesting the free report available on the web site for my child SSi disability guide.

–Jonathan

Post from: Social Security Disability Blog

ADHD Child SSI claim

Social Security Disability Blog » Child SSi matters

How Do You Evaluate Whether Your Child's SSI Case is Viable?

ADHD Child SSI claim