Why would'nt my child qualify for SSI payments, if she is in Special Education?

Question

I have to go to IEP meetings and the school sends me paper work the says "Procedural Safeguards For Parents". and the document provides parents of students with disabilities, from birth through age 26, an overview of their educational rights with respect to spec. ed. My daughter has ADHD and has some learning disabilities, 5 years ago she got SSI payments they cut us off because they said she no longer gets ssi because she was not having problems in speech and language anymore, but she still has problems with reading comprehension and math calculations. I live in Michigan, would the laws for being eligible for SSI be different if I were to move to Florida? I plan on moving there in the future.

Answer 1

Nope!

Answer 2

First and foremost, social security payments are a federally run program so the guidelines should be the same no matter where you live. This is not saying interpretation does not factor into decisions.

Second, SSI is decided by income. It seem they aren't weighing that as the deciding factor but your daughter's age and the fact she is in school could make them believe you have a greater ability to go to work without having to look for a caregiver for her.

Last, not all special education kids are eligible for SSI. It is based on disability. Your daughter's speech and language difficulties directly impact your daughter's ability to complete the daily tasks of life. Such as, you might have had problems finding a day care that would take her because of communication problems. Although reading comprehension and math calculating ability will play a role later in life when getting a job, they do not affect her ability to complete day to day activities or require you to get special care for her. This is why the schools receive money to bring her to her highest potential. If when she reaches the age to get a job, her learning disabilities affect her ability to get gainful employment, she may be eligible again.

You always have the right to appeal. Bring as much documentation as to how this makes her life difficult as possible and good luck to you.

Answer 3

I am definitely not an expert but I would get a copy of your daughters IEP and her records for social securtiy. If you told them about her speech and language problems as well as reading and math comprehension it sounds to me like thats why she got it in the first place. Also ssi is based on the total income in the household per month if your income has changed considerably since then that could also be while she was cut off. I would have her re-evaluated even though her speech and language has improved to see if she could have problems again. I know all about the social security system. I am on disability because of MS and I have a 15 year old non-verbal autistic son. I also suggest you go online @ssa.gov or call 1800 773-1213 and ask them.
Hope I helped
Take Care

Answer 4

You have to remember that SSI is a federal program and the requirements are pretty standard no matter where you live. I'm on SSI and I have a daughter who's special ed student and because she's doing so well in school she's ineligible for SSI. The problem that you have is that her problem don't make it difficult for her to live a day to day life. That is what determines whether or not someone is eligible for SSI. Does your disability make it hard for you to do day to day actives, Speech and language would have an impact on how she lived her life day to day. Her reading and math problems don't impact how she lives her life day to day. I was told that if my daughter's life was impacted by her learning disability than she would be eligible but since she was still in school and didn't need to work she wasn't eligible now but might be if it effected her ability to find a and keep a job later in her life.

Answer 5

It would really depend on whether you can prove that your child needs it.. However, I am a mother of a child that is ADHD and I also teach Spec. Ed. in a public school system. Sometimes, and not sure about where you are, we (teachers) have fill out paperwork and send to the SSI person with a copy of the psychological to be reviewed. You might want to contact your local SSI worked and see what the deal is. You may want to get a copy of the psychological that was done to qualify your child with a Specific Learning Disability.

Answer 6

It has to be proven that she is having problems in the areas that you mentioned. If her grades are stating that she is passing and not having any trouble then that can take a part in the decisions with Social Security office. Have he assessed to make sure that no other problems have shown up and ask about your areas of concerns that you have as well. Sometimes the social security office will get information from the school on a child's progress that were mentioned at a SSI appointment. Good Luck!!

Answer 7

I live in mi to at first i was denied ssi for my son untill he started school and was placed in special ed. If your child has an iep and is still in special ed she should continue to receive benefits you have to appeal with all of your iep from the school system.What you need to no ssi is the same as fia thats why they go by the parents income to determine if you qualify i just found that out recently. So good luck and if they continue to denie you retain a lawyer

Answer 8

She's no longer disabled enough to qualify for the extra income. Younger children get more money because its assumed their parents have to spend more to care for them. Good luck!

Answer 9

talk to your local SSA office & pediatrician.

Answer 10

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