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Does anyone receive SSI for child with HFA w/o an IEP

I recently filed for SSI for my son with HFA. They denied me the first time around because their wasn't sufficient evidence proving that this was a long term disability. I appealed and just received my second Denial, basically for the same reasons. I was just told by a Social Security lawyer that if my son is in school, does not have an IEP and the school says there is nothing wrong with him, then he doesn't qualify. I have read that certain SS Lawyers can come up with the argument of Being Functionally Equal to the Listings.

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chld_of_God

Asked by chld_of_God at 12:06 PM on Apr. 3, 2013 in School-Age Kids (5-8)

Level 1 (2 Credits)
Answers (5)
  • if you don't have any documentation from the school and a doctor,you're SOL
    butterflyblue19

    Answer by butterflyblue19 at 12:07 PM on Apr. 3, 2013

  • No. I got it for my son with autism, but he certainly isn't high functioning.
    missanc

    Answer by missanc at 12:09 PM on Apr. 3, 2013

  • I have medical evidence from the Evaluator who diagnosed him, the pediatrician who noticed the symptoms and referred me to Evaluator, his PNCP (Practicing Nurse Child Psychiatrist) who is working on getting him In-Home Behavioral Therapy.
    chld_of_God

    Comment by chld_of_God (original poster) at 12:13 PM on Apr. 3, 2013

  • Have you looked at the qualifiers to receive ssi? If a child's disability isn't severe enough to warrant an IEP, I doubt it is severe enough to qualify for ssi. Not trying to discourage you, but there had to be a "marked age appropriate impairment," not just a diagnosis of ASD.
    missanc

    Answer by missanc at 12:19 PM on Apr. 3, 2013

  • One of the requirements to get SSI is that the disability has to be severe enough to limit and interfere with day to day life (that's not the exact wording, but that's basically what it means). If he doesn't need an IEP, then it doesn't sound like he would qualify. Now, if you feel that he does need an IEP, then you would need to go to the school and talk to them about that. You can also talk to his doctor, because his doctor would be the best source to determine if it interferes with his daily life. If the doctor agrees that it does, he can give you the information stating that and you can use that to appeal. But simply having a "disability" doesn't mean you qualify for SSI.
    wendythewriter

    Answer by wendythewriter at 3:17 PM on Apr. 3, 2013

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