Social Security Disability or SSI and Retirement You cannot get Social Security Disability (on your…
A second area that the Social Security Administration considers when evaluating whether a child is disabled involves their ability to attend and complete tasks. See SSR 09-4p.
In my opinion, this second domain is probably the most popular area for Administrative Law Judges to find that a marked/serious limitation is present. Although many medical impairments can cause a marked/serious deficit in the domain of attending and completing tasks, the most commonly argued medical condition in this domain is probably ADHD/ADD (attention deficit disorder).
When Social Security is evaluating this domain, a diagnosis of ADHD/ADD from a medical doctor or a psychologist is usually of prime importance. However, the issue is not simply a matter of whether a child has ADHD or ADD, instead the major issue involves how bad the ADHD/ADD is. Further, disability is not typically granted just because a child requires ADHD/ADD medication. Instead, in our opinion, Social Security will mostly be looking to see whether disabling level restrictions remain even after a child is properly medicated.
As with any Social Security claim, evidence is necessary to prove that a child has a marked/serious restriction in attending and completing tasks. For this second domain such evidence often includes medical records, counseling records, teacher questionnaires, Social Security’s consultative evaluations and IEPs/ETRs from the school.
If you believe that your child has a marked (serious) deficit in their ability to attend and complete tasks, you may want to file a disability application on their behalf. However, please note, that it is not enough to just have a marked limitation in this domain. In fact, a second marked restriction in one of the previously identified functional domains is usually required in order to justify a finding of disabled.
Just because your child does not have a marked restriction in this domain of functioning does not mean that he or she cannot qualify for Social Security benefits. Perhaps your child qualifies for disability under one of the many other regulations covering this expansive area of law.
If you have questions about the Social Security regulations and whether your child may qualify for disability, it would be beneficial for you to contact an experienced attorney who practices in this field.