Can We Get Social Security Benefits for a Child With Learning Disabilities?

Parents of children with learning disabilities often wonder whether their child will qualify for Social Security. Childhood learning disorders can form the basis of a successful claim for disability benefits, provided that the disorder causes significant functional limitations, well-documented by teachers and pediatricians.

Social Security offers Supplemental Security Income (SSI) to children under 18 from low-income households who have a learning disability that causes "marked" or "extreme" functional limitations that are expected to last at least a year. Because not all children with learning disabilities will have limitations severe enough to qualify for SSI, it's important to understand how Social Security assesses these limitations and what evidence the agency needs to see to establish eligibility.

When Is a Learning Disability a Disability That Qualifies for SSI?

Children with learning disabilities such as dyslexia or Attention Deficit Hyperactivity Disorder (ADHD) typically struggle to keep pace academically with their peers. They may require more time to learn new concepts and acquire new skills, and it's not uncommon for children with learning disabilities to score well below average on standardized tests.

Children whose learning disabilities severely limit their ability to learn, complete tasks, and interact socially relative to other children their age may qualify for SSI benefits. For children with more than one diagnosis, the agency will consider the combination of all their impairments in deciding whether to approve or deny their claim for benefits.

How Social Security Evaluates Functional Limitations for Learning Disabilities

Social Security reviews applications for childhood SSI benefits due to a learning disability by determining whether the child meets the requirements of Blue Book listing 112.11, for neurodevelopmental disorders. To satisfy this listing (and qualify for benefits), the child must have medical documentation of at least one of the following sets of symptoms:

• frequent distractibility, difficulty sustaining attention, and problems organizing tasks
• hyperactive and impulsive behavior such as restlessness, difficulty waiting, difficulty staying still, or behaving as if being "driven by a motor"
• significant difficulties learning and using academic skills, or
• recurrent motor movement or vocalization.

Children with ADHD often display symptoms identified in the first two bullet points listed above, while children with learning disabilities of all stripes often struggle with the third bullet point. Additionally, if your child has been diagnosed with Tourette's syndrome or a related "tic" disorder, they may have symptoms matching the fourth bullet point.

Just having evidence of these symptoms isn't enough on its own, however. You'll also have to show that these symptoms cause an "extreme" limitation in one, or a "marked" limitation in two, of the following areas:

• Understanding, remembering, or applying information. This includes the ability to follow instructions, solve problems, and use reason to make decisions.
• Interacting with others. This includes the ability to cooperate, maintain friendships, handle conflicts, and understand social cues.
• Concentrating on tasks and maintaining pace. This includes the ability to complete tasks in a timely manner, ignore or avoid distractions, and work close to others without distracting them.
• Adapting or managing oneself. This includes the ability to regulate emotions, control behavior, protect self from harm, and maintain personal hygiene.

A marked limitation, according to Social Security's regulations, is one that seriously interferes with a child's ability to start or finish activities. It is a "more than moderate, but less than extreme" limitation. Extreme limitations are defined as interfering "very seriously" with a child's ability to independently start or finish activities.

The exact difference between "marked" and "extreme" limitations can be hard to decipher. It can help to think of a marked limitation in an area as one in which your child might struggle to function independently, but can eventually perform the activity (with a lot of help). Extreme limitations are in areas where your child is very rarely able to do an activity by themselves. For example, if your child needs significant extra time to complete homework assignments, that may be considered a marked limitation in concentration. But if your child becomes so frustrated at homework that they refuse to do it at all, that could signify an extreme limitation in that area.

Can Parents of an IEP Student Get Money From Social Security?

Individualized Education Programs (IEPs) are designed to help children with learning disabilities succeed as students. A Social Security regulation, SSR 09-2p, addresses the value of IEPs in determining whether a child is eligible for disability benefits.

Social Security won't automatically award disability benefits to children with an IEP, but the agency acknowledges that the IEP can provide significant insight into whether the child has marked or extreme functional limitations. For example, SSR 09-2p notes that because IEP goals tend to be set at a level lower than what would be expected from a child of the same age without impairments, when a child doesn't achieve these goals, it can be a sign of marked or extreme limitations.

The IEP is an important piece of evidence in establishing your child's limitations, but Social Security doesn't rely solely on IEPs when making a disability decision—children in special education who meet their IEP goals can still be found disabled, for example. Instead, the agency will look at your child's records as a whole to determine whether they meet the disability requirements.

Evidence You'll Need to Get SSI Benefits for Your Child's Learning Disability

In addition to the IEP, Social Security will review your child's IQ scores, grades, teachers' reports, counselors' notes, and physicians' statements for evidence of significant functional limitations. The agency is particularly interested in the opinions of medical professionals—specifically, psychiatrists and psychologists—about your child's level of functioning.

You can help by asking your child's treating doctors if they would write a letter to send to Social Security. In the letter, the psychiatrist or psychologist should state the child's diagnosis and answer questions, including the following:

• Is the child's dependence on others for personal needs grossly in excess of age-appropriate dependence?
• Does the child exhibit a severe impairment in cognitive or communicative function?
• Does the child have severe difficulties maintaining concentration, persistence, or pace?
• Does the child have severe limitations in learning and using new information?
• Does the child have severe impairment in self-care, including feeding, dressing, and personal hygiene?
• Does the child show severe difficulties in social functioning?

The more doctors explain their responses, the more likely Social Security is to agree with the conclusions they reached. And if the doctors think that your child has marked or extreme functional limitations, that is good news for your child's SSI application.

Letters from teachers, counselors, and even parents can be helpful if they focus on firsthand observations and experiences with the child. It's best for these letters to avoid in-depth discussions of the child's medical issues, or any opinion regarding whether the child is "disabled." Social Security generally considers those topics to be beyond the expertise of school employees and parents.

If Social Security thinks that they need more information about your child's learning disability before making a decision, they may schedule an appointment for your child to attend a consultative examination with a doctor or psychologist. These exams are extremely important and should not be missed. Social Security will often (but not always) give great weight to the opinions of its consulting doctor.

Additional Resources for Parents of Children With Learning Disabilities

While many children with learning disabilities can eventually successfully manage the disorder and thrive in academic and social settings, others may need ongoing help into adulthood. Social Security provides alternate avenues for children to qualify for disability benefits, both before and after they turn 18.

Qualifying for Disability Based on a Low IQ Score

Under Social Security regulations, a child with a learning disability may also qualify for benefits based on a low IQ score, provided that the intellectual disability was evident before the age of 22. A valid verbal, performance, or full-scale IQ test of 70 or below will qualify a child for benefits. In some circumstances, the child must have proof of severe mental limitations in certain areas.

Applicants who can't show that they have an intellectual disability that developed before the age of 22 but who have an IQ between 71 and 84 might qualify for disability benefits due to borderline intellectual functioning. For more information, see our article on disability and low IQ.

"Adult Disabled Children" and SSDI Benefits

Children under 18 are eligible only for SSI benefits, and even then only if their family income is below a certain threshold. Because SSI is a needs-based program, Social Security will take the household income into account in determining whether the child is eligible for benefits—a process called "deeming." Children of parents who make enough money to put them over the threshold can't collect SSI benefits, no matter how severe their limitations are.

But a child who turns 18 and has at least one parent who is disabled (or retired) and collecting Social Security Disability Insurance (SSDI) benefits may qualify for SSDI themselves as an "adult disabled child." For more information, see our article on Social Security benefits for adult children with disabilities.

Should I Hire an Attorney for My Child's Disability Application?

Children's Social Security disability cases are generally more difficult to win than adult cases. They require familiarity with a lot of technical medical terms and legal jargon. If you think your child may qualify for benefits, you may want to talk with a disability attorney who has experience in childhood SSI. Most lawyers offer free consultations and work on contingency, meaning they're paid directly from Social Security and only if you win your case.