Q: My son got diagnosed with Combined ADHD. ODD. Anxiety. and Conduct Disorder. Does he qualify for SSI?
I had to quit my job in June. He got kicked out of two day cares because of being extremely violent towards other kids and staff. He choked a kid at Boys and Girls Club and broke a kids eye glasses. He was also hitting. He is very violent towards others. We are currently doing regular check ups with his pediatrician, therapy and trying out different medication which nothing seems to work. We also got TN Voices for Kids involved and I put him in football hoping it would help and get him ready for school. He is getting in trouble a lot at his football practices for not listening and being violent towards other kids. I am trying to see if he qualifies for SSI.
A:
You are so right to explore whether your son could qualify for child SSI.
SSI is a needs-based program, so there are limited income and resource requirements. Disability underChild SSI is defined as the child having physical or psychological impairment(s) that very seriously limits his activities and the impairment(s) must have lasted or be expected to last at least one year or result in death.
You have the medical records documenting a number of impairments, which is critical to proving disability. You also need to show how your son's impairments limit his functioning in six domains, which are:
1. Acquiring and using information
2. Attending and completing tasks;
3. Interacting and relating with others;
4. Moving about and manipulating objects;
5. Caring for yourself; and,
6. Health and physical well-being.
There would have to be two marked or one extreme limitaiton due to his impairments. See 20 CFR 416.926a at https://www.ssa.gov/OP_Home/cfr20/416/416-0926a.htm
You should consult with a disability attorney about the particular situation of your son's disability case. Most have a free initial consultation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
