I just found out that both my boys are mildly mentaly challenged do they qualify for disability?

Question

I have a 8 year old and a 6 year old and there school just comlpeted there iep eval. does anyone know if they qualify for disability or do thay have to have something else wrong with them thanks

Answer 1

Yes, they do qualify for SSI. Get in touch with your department of developmental disabilities and ask for a case worker...he or she will help you attain services. Also, make sure to ask him/her how to get on the list for MedWaiver...it is extra assistance for people with disabilities and is NOT based on income. Most states have a long waiting list and you need to get on now. The MedWaiver helps you get respite care for your kids and as they get older will provide more services like companions, supported employment, adult dental care....and much, much more. Depending where you live the wait list could be as much as 7 years. Get on the list now.

Answer 2

Sometimes the regulations with regard to intellectual and learning disabilities can be a little fuzzy (unlike impairments like blindness and deafness, which can be--and are--fairly easy to define precisely). So its difficult to say. Here's some tips on how to proceed:

1) Go to the Social Security website and reade the rules posted there. Also go to the other site listed below--it's an outstanding site on disability rights and law:

socialsecurity.gov
wrightslaw.com

Also look in thephone book under "disability" and "disabled" and get in touch with disability advocacy organizations in your community. They can give you a lot of useful advice--and not just on this. They can also refer you to legal counsel if need be. Ideally, this should be the next step if you can afford it--an attorney may be able to tell you if you have a case--and can move the process through quickely if you dol. If that's not feasible to start with, the next three steps will be up to you.

2) Once you've done your homework, contact the social security administration and start the aplication process. Try to get an appointment as early in the process as possible and "pick their brains."
3) The social security bureaucracy works about as fast as you'd expect in your worst nightmares--so plan on a slow process. You should not, however, allow the cse to lie dormant. At each step, get at least a verbal estimate of how long it will take to get an answer, form processed, etc. Then stay on top of things. You will get the best results through a combination of patience, persistance, and politeness.

4) If you get a negative decision--or if the process drags out more than 6 months, Then at this point you really need to contact an attorney specializing in disability law and hae them review the case, and take it from there.

Finally---on a slightly different subject. Exercise caution when dealing with the school system--especially with regard to IEPs. Set up and impllemented properly, they are a useful tool. But be aware that that's not the case as often as not. Also be aware that in order for your children to eventually get a high school diploma, they will need to do the minimum of academic work. Be sure that if your children are able to do this (from your description they should be) they MUST get a full basic education. Otherwise they will end up getting a "certificate of completion" (aka IEP diploma or special ed diploma)-but this is not a high school diploma and is worthless, to all intents and purposes. It is intended only as a certification in cases where a child is so impaired they cannot master even the minimum academic requirements and that the school system has done al it is obligated to do. Unfortunately, it also serves as a means for schools to divest themselves of responsibility when they fail to properly educate a student who is capable.

Answer 3

SSI is partly determined by income. I think if you make over 12,000 per year or so, you will get nothing. There is some formula they have for how much you get, but most states SSI pays 600 dollars per kid maximum and then there are sometimes state suppliments to that. Like in California you would get 742 per kid. But thats only if you have NO income in the household. If anyone in the house lives with you and makes any money...they count that as YOUR income. The math on how much you get is something like, you can make 100 bucks per month and anything over that they take half of that money away but give you some back....its some kind of weird formula....but its something like. If you make 500 dollars per month...and SSI pays a max of 600 dollars in your state, you will get about 400 in SSI (give or take) So if you make 1000 per month, you will get about about 150$ from SSI (again give or take) and if you make 1300...well i dont think you will get anything then. I doubt your kids are mentally challenged. If they were, you wouldve noticed it before they turned 8 and not had to be told from an IEP. Let the children that are born with spinobifida and other abnormalities have that SSI money and not the obviously normal kids. The chances of having 2 children that are both mentally challenged is far greater than you think and if they are falling behind its probably an environmental cause. (I mean they need more parenting, and less TV/video games)

Answer 4

They may qualify, but keep in mind SSI benefits are also determined by the income level of the home as well as the children's needs. The best thing you can do is go to the social security website, click on "benefits for children" and start reading up on the process. It will tell you what you need to do, the documents you will need to bring to your application appointment as well as some tips on the process. Also, be aware that this a process that can take time and your sons will be re-evaluated on a regular basis. Good luck

Answer 5

They probably do. I have a sister with a developmental disability. She received SSI. You have to contact social security for this service. People get turned down a lot the first time (especially if you are interviewed overed the phone). It can take two rounds to get SSI. If you children have case workers, they may assist you in applying for SSI. There is also SSDI. Once you get SSI, your children may be able to apply for Developmental Services and potentially get put on a Waiver program. That is what happened with my sister and my former consumers.

Answer 6

I would check into getting SSI for them both. My son was ADD and he qualified for it. You may have to take them to a mental health clinic for evaluation, but with both the school IEP and a mental health eval, shouldn't have much difficulty. If they do take their sweet time deciding your case, don't give up. That's what they would like you to do.