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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 13076
Experience:  B.A.; M.B.A.; J.D.
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My Granddaughter has a child who is 7 y.o

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My Granddaughter has a child who is 7 y.o and she was advised by the elementary school Psychiatrist, Speech therapist, general ed teacher and a Special Ed teacher that her daughter required Special education classes and status when she was in Kindergarden at age 5. We are assisting her in applying for SSI benefits and believe she meets the definition of disability (from SSI). Do you have any suggestions on meeting the requirements from the SSI interview.

Submitted: 1 year ago.
Category: Social Security
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.


My Granddaughter has a child who is 7 y.o and she was advised by the elementary school Psychiatrist, Speech therapist, general ed teacher and a Special Ed teacher that her daughter required Special education classes and status when she was in Kindergarden at age 5. We are assisting her in applying for SSI benefits and believe she meets the definition of disability (from SSI). Do you have any suggestions on meeting the requirements from the SSI interview.


Response: Unlike Disability benefits which are based on the claimants meeting the Social Security Administration strict definition of disability and working long enough under Social Security system, SSI benefits are based on needs and disability. So, you need to answer questions regarding income and resources. That is, who is currently helping the 7-year meet her needs; are there accounts set up in the bank for the 7-year old; etc? If her needs are currently adequately being met by her parents or other relatives, she would not qualify for SSI eventhough she is found to be disabled. For SSI eligibility, click on the link below and structure your answers during the interview accordingly.


SSI Eligibility

Customer: replied 1 year ago.
I think I understand. We looked at the SSI guidelines on SS.gove and they strongly suggested we go see the social security local office and talk to them. My granddaughter with the 7 y.o. we are speaking of has been living either homeless in her car or in a week-to-week motel room.
She was living with an alcoholic significant other would was abusive and left him (and the state where they lived) with our helping her get here where we live. We gave her a temporary home for two months while she has no income and has sought help through Amity House, a battered women with children house. She gets food stamps and at the moment she has no income and is looking for a job. When she finds one it will not pay her more than $ 10-11 per hour but enough to barely make it to keep a $ 375 per month roof over their heads so she can be self sufficient. Based on this additional info, do you believe she will meet the SSI guidelines for children?
Expert:  Phillips Esq. replied 1 year ago.
I think I understand. We looked at the SSI guidelines on SS.gove and they strongly suggested we go see the social security local office and talk to them. My granddaughter with the 7 y.o. we are speaking of has been living either homeless in her car or in a week-to-week motel room.
She was living with an alcoholic significant other would was abusive and left him (and the state where they lived) with our helping her get here where we live. We gave her a temporary home for two months while she has no income and has sought help through Amity House, a battered women with children house. She gets food stamps and at the moment she has no income and is looking for a job. When she finds one it will not pay her more than $ 10-11 per hour but enough to barely make it to keep a $ 375 per month roof over their heads so she can be self sufficient. Based on this additional info, do you believe she will meet the SSI guidelines for children?


Response: Yes, but assuming that she is found to be disabled by Social Security Administration.
Customer: replied 1 year ago.
Here is what SS.gov says about child disability:
"We consider a child disabled if:

The child has a physical or mental impairment (or combination of impairments)

That causes marked and severe functional limitations;
And has lasted or is expected to last for at least 12 consecutive months, or to result in death.
The child is not working at a job and doing substantial work."

So, based on that, as stated originally, we believe we have sufficient written assessment from the school Psychiatrist/Psychologist, Special Ed Teacher, General Teacher, that indicated to the mother that the child will have the learning disorder (for at least 12 months by SS definition) for life. She has already had this condition since Kindergarten at age 5, now she is 7. Based on both the conditional data and the income data do you feel she meets the SSI for children definition? Do you have any guidance on exactly how we should walk in and present this to Social Security? Thanks!
Expert:  Phillips Esq. replied 1 year ago.

Here is what SS.gov says about child disability:
"We consider a child disabled if:

The child has a physical or mental impairment (or combination of impairments)

That causes marked and severe functional limitations;
And has lasted or is expected to last for at least 12 consecutive months, or to result in death.
The child is not working at a job and doing substantial work."

So, based on that, as stated originally, we believe we have sufficient written assessment from the school Psychiatrist/Psychologist, Special Ed Teacher, General Teacher, that indicated to the mother that the child will have the learning disorder (for at least 12 months by SS definition) for life. She has already had this condition since Kindergarten at age 5, now she is 7. Based on both the conditional data and the income data do you feel she meets the SSI for children definition?



Response 1: Unfortunately and ethically I cannot answer this question. ONLY SSA can determine if a claimant meets the definition of disability per SSA's standard.


Do you have any guidance on exactly how we should walk in and present this to Social Security? Thanks!


Response 2: I am not allowed by the site terms of service to give you legal advice. What you are asking is for legal advice and so I cannot specifically answer your question without breaching my agreement with the site. However, my initial post to you gave directions on how to proceed.

Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 13076
Experience: B.A.; M.B.A.; J.D.
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