Tuesday, February 16, 2016

Social Security Income (SSI) for Disabled Children

Common Problem. Rejected Claims   Photo Credit: Huffington Post.com
Having multiple disabled children I have had my own few rounds with Social Security.  There are people who say you are living off the system if you get SSI for your children. All I can say is that they have NEVER had to go and get benefits because if they did they would understand the angst in applying for and keeping the benefits. If you have any questions please leave them in the comments below and I will answer them the best I can. 

To get started you need to make sure your child meets the disability requirements and your family meets the income requirements. You can find the information for 2015 and other requirements at the link here.  I copied and pasted some of the information below.


SUPPLEMENTAL SECURITY INCOME (SSI) FOR CHILDREN
WHO IS A "CHILD" FOR SSI?


A person who is neither married (as determined by Social Security) nor head of a household and:

is under age 18; or

is under age 22 and is a student regularly attending school (as determined by Social Security).
HOW DOES THE SSI DISABILITY PROGRAM WORK FOR A CHILD?

To be eligible for SSI benefits, a child must be either blind or disabled.

A child may be eligible for SSI disability benefits beginning as early as the date of birth; there is no minimum age requirement.

A child may be eligible for SSI disability benefits until attainment of age 18 (see definition of disability for children).

When the child attains age 18, we evaluate impairments based on the definition of disability for adults (see definition ofdisability for adults).

A child with a visual impairment may be eligible for SSI benefits based on blindness if the impairment meets the definition of blindness (see blindness requirements).
WHAT ARE THE CRITERIA FOR A “DISABLED” OR “BLIND”
CHILD?


If under 18, whether or not married or head of household, the child has a medically determinable physical or mental impairment or impairments which result in marked and severe functional limitations; and

The impairment(s) has lasted or can be expected to last for a continuous period of at least 12 months or be expected to result in death; or

If the child is blind, he or she meets the same definition of “blind” as applies for adults. See WHAT IS "BLINDNESS" FOR AN ADULT OR CHILD?. Unlike the requirement for SSI disability benefits, there is no duration requirement for SSI blindness benefits.

SSA has an obligation to provide benefits quickly to applicants whose medical conditions are so serious that their conditions obviously meet disability standards. The Compassionate Allowances (CAL) initiative allows Social Security to target the most obviously disabled individuals for claims approval based on objective medical information that we can obtain quickly. Fifty medical conditions were initially selected for this initiative. Since that time we have added 150 conditions bringing the total number of conditions to 200. The list may expand over time. A complete list of CAL conditions may be viewed online at: http://www.socialsecurity.gov/compassionateallowances/conditions.htm.

HOW DOES DEEMING WORK FOR A CHILD?

If a child is under age 18, not married, and lives at home with parent(s) who do not receive SSI benefits, we may consider a portion of the parents' income and resources as if they were available to the child. We may also count a portion of a stepparent’s income and resources if the child lives with both a natural or adoptive parent and a stepparent. We also do this when a child is temporarily away at school, returns home during weekends, holidays or during the summer and remains subject to parental control. We call this process "deeming."

We make deductions from deemed income for parents and for other children living in the home. After we subtract these deductions, we use the remaining amount to decide if the child meets the SSI income and resource requirements for a monthly benefit.

For more information, see the SSI Spotlight on Deeming Parental Income and Resources.

WHEN DOES DEEMING NOT APPLY?


Deeming from the parent stops when a child attains age 18, marries, or no longer lives with a parent. Deeming does not apply, and we may pay up to $30 plus the applicable State supplement when:

a disabled child receives a reduced SSI benefit while in a medical treatment facility; and

the child is eligible for Medicaid under a State home care plan; and

deeming would otherwise cause ineligibility for SSI benefits.

Also, we do not consider the income of a parent for deeming purposes if the parent receives a Public Income Maintenance payment (PIM) such as Temporary Assistance for Needy Families (TANF) and his or her other income was used to compute the PIM payment.

See SSI AND ELIGIBILITY FOR OTHER GOVERNMENT AND STATE PROGRAMS for information on TANF.


If either child or parent is temporarily absent from the household (less than 60 days), the rules about deemed income still apply.
CAN A CHILD GET MEDICAID?


In most States, a child who gets SSI benefits can get Medicaid to help pay medical bills.

In some cases, a child may be eligible for Medicaid while in an institution, but not be eligible when living at home either because of the parents' income and resources or because of other income.

At the State's option, children under age 18 who need institutional–level care and live at home may keep Medicaid eligibility while getting home care, if that care is less costly to the government.

Even if the child is not eligible for SSI benefits, the child still may be eligible for Medicaid under other State rules. Always check on Medicaid eligibility with the State.

For more information about Medicaid, you can look on the Internet on the Centers for Medicare and Medicaid Services webpage athttp://www.medicaid.gov/index.html or call toll–free, 1–800–633–4227.

In addition, other State services may also be available.



If you have children or grandchildren under age 19 who are not covered by health insurance, there is a Children's Health Insurance Program that may help. To find out more, you can look on the Internet at www.insurekidsnow.gov or call, toll free, 1–877–KIDS–NOW (1–877–543–7669). The number connects you to your State program.
DEEMING ELIGIBILITY CHART FOR CHILDREN FOR 2015


WARNING: BEFORE USING THIS CHART (for current income limits click HERE), SEE SSI FOR CHILDREN. IF THERE IS ANY DOUBT ABOUT WHETHER A CHILD IS ELIGIBLE, CONTACT US FOR HELP.



Gross monthly income BELOW the dollar amounts shown means a disabled child may be eligible for SSI benefits.
Amounts given are general guidelines only.
Number of
ineligible
children in
household
All income is earnedAll income is unearned
One parent in
household
Two parents in
household
One parent in
household
Two parents in
household
0
$ 3,057
$ 3,791
$ 1,506
$ 1,873
1
$ 3,424
$ 4,158
$ 1,873
$ 2,240
2
$ 3,791
$ 4,525
$ 2,240
$ 2,607
3
$ 4,158
$ 4,892
$ 2,607
$ 2,974
4
$ 4,425
$ 5,259
$ 2,974
$ 3,341
5
$ 4,892
$ 5,626
$ 3,341
$ 3,708
6
$ 5,259
$ 5,993
$ 3,708
$ 4,075


The Deeming Eligibility Chart for Children does not apply when:

The parent(s) receives both earned income (for example, wages or net earnings from self-employment) and unearned income (for example, Social Security benefits, pensions, unemployment compensation, interest income, and State disability).

The parent(s) receives a public income maintenance payment such as Temporary Assistance for Needy Families (TANF), or a needs–based pension from the Department of Veterans Affairs. See SSI AND ELIGIBILITY FOR OTHER GOVERNMENT AND STATE PROGRAMS for more information on TANF.

The parent pays court-ordered support payments.

The child has income of his or her own.

Any ineligible child has income of his or her own, marries, or leaves the home.

There is more than one disabled child applying for or receiving SSI benefits.

Your State supplements the Federal benefit.


Use the Deeming Eligibility Chart for Children in the following States or territory, which do not supplement the Federal benefit for children:
Alaska

Arizona                           Maryland                                   Ohio

Arkansas                         Mississippi                                South Carolina

Delaware                         Missouri                                    Tennessee

District of Columbia       North Carolina                           Texas

Florida                            North Dakota                              Virginia

Indiana                            Northern Mariana Islands          West Virginia

Kansas


If you live in one of the States listed below, Social Security administers the State supplement for children. Call us for deeming eligibility information.

California   Montana*       Pennsylvania

Hawaii        Nevada*         Rhode Island

Iowa           New Jersey     Vermont
* Montana supplements disabled and blind children in certified foster homes only. Nevada supplements blind children only.


If you live in one of the States listed below, your State administers the State supplement for children. Contact the State for information.
Alabama

Colorado            Maine                       New York          Washington

Connecticut*      Massachusetts         Oklahoma           Wisconsin

Georgia              Michigan                 Oregon*              Wyoming

Idaho                  Minnesota*              Pennsylvania

Illinois               Nebraska                  Rhode Island

Kentucky           New Hampshire*    South Dakota*

Louisiana           New Mexico           Utah
* Connecticut, Minnesota, and New Hampshire only supplement benefits for blind children. South Dakota supplements disabled and blind children in residential care facilities.


HOW TO APPLY FOR SSI BENEFITS
You can apply for SSI benefits by:

Calling us at 1-800-772-1213 (or TTY 1-800-325-0778 if you are deaf or hard of hearing) and making an appointment to apply for SSI benefits. If you are deaf or hard of hearing, we also will take your telecommunications relay services (TRS) assisted calls at 1-800-772-1213. With an appointment, one of our representatives will help you apply for benefits. You can have an appointment to apply for SSI benefits on the telephone or in person at your local Social Security office.

Having someone else call and make the appointment for you or assist you with your application for SSI benefits. For more information, see our chapter on HOW SOMEONE CAN HELP YOU WITH YOUR SSI.

Visiting our office to apply without making an appointment, but you may have to wait awhile.

You will have to provide information and work with us to get documents concerning SSI eligibility.

You will have to file an application.

We do not have SSI applications online. Most of the forms to apply for SSI are not designed for self-completion. Our claims representative interviews you and uses a computer to complete the forms with information you give to us or someone else gives to us on your behalf.
WHEN TO APPLY

Apply as soon as possible so that you do not lose benefits. We cannot pay benefits for time periods earlier than the effective date of your application.

If you call us to make an appointment to apply and you file an application within 60 days of the call, we may use the date of your call as your application filing date.

If you do not keep this appointment and you do not contact us to reschedule the appointment, we will try to contact you. If we do not get in touch with you to reschedule the appointment, we will send you a letter. The letter will say that if you file an application within 60 days from the date of the letter, we will use the date of your original contact with us as your SSI application date.

If you are in a public institution, but you will be leaving within a few months, you may not be eligible for SSI benefits until you leave. You may, however, be able to apply before you leave so that SSI benefits can begin quickly after you leave. Check with the institution and us about filing an application under the "prerelease procedure."

See our SSI Spotlight on Prerelease Procedure.


If you are a disabled youth in foster care, eligibility for foster care payments in most States ends when you attain age 18. You may need the income support and health services that result from SSI eligibility to ease the transition to independent living. To help with this transition, SSA may accept an SSI application from you up to 90 days before your foster care eligibility ends due to age.

See our SSI Spotlight on SSI Benefits for the Disabled Youth in Foster Care.

YOU HAVE THE RIGHT TO APPLY

Anyone may apply for SSI.

There is no charge to apply.
YOU HAVE THE RIGHT TO RECEIVE HELP FROM SOCIAL SECURITY

We will complete the application forms for you based on information you give to us.

We will help you get documents you need to show that you meet the SSI eligibility requirements.

If you are applying because you have a disability or are blind and we decide that the medical information needed to make a decision is not available from existing sources, we will pay for you to have a medical exam or test and make the appointment for you. If you need a medical exam or test, you must go to the exam or test in order to receive SSI benefits. In some circumstances we may also pay your travel costs to get to this exam or test.

For information on when we pay for travel to medical exams, see our SSI Spotlight on Payment for Travel to Medical Exams or Tests.

YOU HAVE THE RIGHT TO A REPRESENTATIVE

You may appoint someone as your representative to help you with your SSI claim and go with you to your appointment(s) with us.

See our chapter on HOW SOMEONE CAN HELP YOU WITH YOUR SSI.

YOU HAVE THE RIGHT TO A NOTICE

We will notify you in writing of any decision about your SSI eligibility or change in benefit amount. We will also send copies of all notices to your representative if you have one. Each notice about your eligibility or change in benefit amount will explain yourappeal rights.

See our chapter on SSA NOTICES AND LETTERS for further information.

YOU HAVE THE RIGHT TO EXAMINE YOUR FILE

You or your appointed representative may request and examine or get a copy of the information in your case file. Also, you or your representative may review and copy the laws, regulations and policy statements used in deciding your case at: www.socialsecurity.gov/ssi/ssi-law-regs.htm
YOU HAVE THE RIGHT TO APPEAL

You may appeal most determinations we make about your eligibility for SSI or changes we make in your benefit amount.

DOCUMENTS YOU MAY NEED WHEN YOU APPLY FOR SUPPLEMENTAL SECURITY INCOME (SSI)

You may not need all of the following documents. Sometimes one document can substitute for another. The lists are not all–inclusive. We will tell you what you need and what other documents are acceptable. We may be able to help you get them if you are having trouble.
SOCIAL SECURITY CARD OR NUMBER

You will need to apply for a Social Security number if you do not have one. If you need one, a number will be assigned at the time Social Security entitles you to SSI benefits.

PROOF OF AGE


a public birth record recorded before age 5; or

a religious birth record recorded before age 5; or

other documents showing your age or date of birth.

If you already proved your age when you applied for Social Security benefits, you do not need to prove it again for SSI.

CITIZENSHIP OR ALIEN STATUS RECORD


If you are a citizen, examples of documents you may need are:

birth certificate showing you were born in the United States; or

religious record of birth or baptism showing your place of birth in the United States; or

naturalization certificate; or

U.S. passport or passport card; or

certificate of citizenship.

If you are an alien, examples of documents you may need are:

a current immigration document; for example, an I-551 (Permanent Resident Card); or

I–94 (Arrival/Departure Record).

If you are an alien who has served in the U.S. Armed Forces, you may need your military discharge paper (form DD–214).
PROOF OF INCOME


If you have income, you may need to provide the following:

Earned Income – payroll stubs, or if self–employed, a tax return for the last tax year;

Unearned Income – any records you have (for example, award letters, bank statements, court orders, receipts) showing how much you receive, how often, and the source of the payment; and

Work Expenses – see information under SSI WORK INCENTIVES for more information

PROOF OF RESOURCES

bank statements for all checking and savings accounts;

deed or tax appraisal statement for all property you own besides the house you live in;

life or disability insurance policies;

burial contracts, burial plots, etc.;

certificates of deposit, stocks, or bonds;

titles or registrations for vehicles like cars, trucks, motorcycles, boats, campers, etc.

PROOF OF LIVING ARRANGEMENTS


lease or rent receipt

names, dates of births, medical assistance cards or Social Security numbers for all household members

deed or property tax bill

information about household costs for rent, mortgage, food, and utilities.
MEDICAL SOURCES (IF YOU ARE FILING AS BLIND OR DISABLED)


medical reports, if you have them;

names, addresses, and telephone numbers of doctors and other providers of medical services to you and the approximate dates you were treated;

names of the prescription and non-prescription medications that you take.
WORK HISTORY


job titles;

type of business;

names of employers;

dates worked;

hours worked per day and hours worked per week;

days worked per week, and rates of pay for work you did in the 15 years before you became unable to work because of your illnesses, injuries, or conditions;

description of job duties for the type of work you performed.
OTHER SOURCES


If you are applying as a disabled child, or on behalf of a disabled child, we need the names, addresses, and telephone numbers of people (for example, teachers or caregivers) who can provide information about how the child’s medical condition affects his or her daily activities. Also, if the child has an individualized education plan (IEP) at his or her school, it is helpful to submit a copy of the plan.
THINGS TO REMEMBER


Do not wait to apply. If you think you may be eligible for SSI, you should contact us right away. The earliest we will pay SSI is the month after the filing date of your application, or the month after you first meet all the eligibility requirements, whichever is later. We may use the date you contact us as the filing date. If you do not have all of the things we need, we will give you time to provide them.

We need to see the original documents. If you do not have an original document, we can accept a certified copy from the office that issued the original document. We do not accept photocopies. We will return the original documents to you.

Try to keep a copy of things you send us. Keep track of the dates you send information to us, or talk to us, as well as the name of the Social Security employee with whom you spoke.



The below portion is when you have to renew your benefit claim after a few years.
SEQUENTIAL EVALUATION FOR CHILDREN (INDIVIDUALS UNDER AGE 18)


STEP 1: IS THE CHILD WORKING?

If a child is working and performing SGA, we cannot consider the child disabled, and the sequential evaluation process ends here. Your local Social Security office determines whether a child is performing SGA. We define SGA for children in the same way that we define it for adults. We define “SGA” in the section WHAT IS SUBSTANTIAL GAINFUL ACTIVITY.
STEP 2: DOES THE CHILD HAVE A SEVERE IMPAIRMENT?

If the child is not performing SGA, we will determine if the child has a medically determinable physical or mental impairment or combination of impairments (hereafter referred to as impairment(s)) and whether it is severe. An impairment(s) is not severe if it is only a slight abnormality or a combination of slight abnormalities that causes no more than minimal functional limitations. If the child does not have a medically determinable impairment(s), or the child has an medically determinable impairment(s) but it is not severe, we will find that the child is not disabled. If the child has a severe medically determinable impairment(s), we will go to the next step.
STEP 3: DOES THE CHILD’S IMPAIRMENT MEET, MEDICALLY EQUAL, OR FUNCTIONALLY EQUAL A LISTING?

If the child has a severe impairment(s), we determine if the impairment(s) meets or ismedically equivalent to the criteria of the listing. The listing of Impairments (the Listing) covers the major body systems and includes descriptions of common physical and mental impairments (such as cerebral palsy, intellectual disability, and asthma) along with specific medical severity criteria.

A child is disabled if he or she has an impairment that:


meets the criteria of one of the impairments in the listings; or

medically equals the criteria of one of the listings; or

functionally equals the listings.

We determine if a child’s impairment(s) “meets” one of the listings by comparing it to the specific requirements in the listings. It is not enough to have a diagnosis that is named in the listings. A child’s impairment medically equals one of the listings if it is at least equal in severity to any listed impairment. If a child’s impairment(s) meets or medically equals the criteria of a listing and meets the duration requirement, we will find the child disabled.

If a child’s impairment(s) is severe but does not meet or medically equal a listing, we determine whether the impairment(s) “functionally equals” the listings. This means that we evaluate the effects of the impairment(s) on the child’s ability to function at home, at school, and in the community.

We will consider questions such as:

how does the child function compared to children the same age who do not have an impairment? That is, what is the child able to do, not able to do, or is limited or restricted in doing?

what type and amount of help does the child need to complete age-appropriate activities?

what are the effects of treatment on the child’s day-to-day functioning?

Once we have a clear picture of a child’s functioning in all activities and settings we evaluate the child’s functioning in six domains. The domains are broad areas of functioning intended to capture all of what a child can or cannot do. They are:


acquiring and using information;

attending and completing tasks;

interacting and relating with others;

moving about and manipulating objects;

caring for yourself; and

maintaining health and physical well-being.

If a child’s impairment(s) results in “marked” limitations in two of these domains of functioning, or an “extreme” limitation in one domain, then his or her impairment(s) functionally equals the Listings.

We define "marked" and "extreme" limitations in several ways in our rules. The most general definition of a "marked" limitation in a domain is when a child's impairment(s) interferes seriously with the child's ability to independently initiate, sustain, or complete activities. An "extreme" limitation in a domain is when a child's impairment(s) interferes very seriously with these abilities.


NOW ONE OF THE MORE IMPORTANT PARTS: IMPAIRMENTS

It is horrible when you have to look at your child, the evaluation reports from a developmental pediatrician, neuropsychologist, therapists, or other specialists and determine if your child meets the requirement for disability. In one way it is a relief because they will qualify for state medicaid, and even as a secondary insurance, it is a MAJOR blessing! On the other hand, you have to accept your child has a pretty profoundly disability. The feelings are quite mixed. Here is the list of disabilities and their requirements for impairment. You can find the link here but I will copy the information. Please click on the relevant links below and read through each section to determine which best fits your child.




Here is the information you need to prove your medial claim. Remember you can always appeal and then I would suggest hiring an attorney to help you with your case.


Disability Evaluation Under Social Security

Part II - Evidentiary Requirements

Medical Evidence

Medical evidence is the cornerstone of the disability determination under both the title II and title XVI programs.

Each person who files a disability claim is responsible for providing medical evidence showing he or she has an impairment(s) and the severity of the impairment(s). However, the Social Security Administration (SSA), with the claimant’s permission, will help the claimant get medical reports from his or her own medical sources. This medical evidence generally comes from sources that have treated or evaluated the claimant for his or her impairment(s).

Acceptable Medical Sources

Documentation of the existence of a claimant's impairment must come from medical professionals defined by SSA regulations as "acceptable medical sources." Once the existence of an impairment is established, all the medical and non-medical evidence is considered in assessing impairment severity.
Acceptable medical sources are:
Licensed physicians (medical or osteopathic doctors);


Licensed or certified psychologists. Included are school psychologists, or other licensed or certified individuals with other titles who perform the same function as a school psychologist in a school setting, for purposes of establishing intellectual disability, learning disabilities, and borderline intellectual functioning only;


Licensed optometrists, for purposes of establishing visual disorders only (except, in the U.S. Virgin Islands, licensed optometrists, for the measurement of visual acuity and visual fields only). (See paragraph (f) of this section for the evidence needed for statutory blindness);


Licensed podiatrists, for purposes of establishing impairments of the foot, or foot and ankle only, depending on whether the State in which the podiatrist practices permits the practice of podiatry on the foot only, or the foot and ankle; and


Qualified speech-language pathologists, for purposes of establishing speech or language impairments only. For this source, “qualified” means that the speech-language pathologist must be licensed by the State professional licensing agency, or be fully certified by the State education agency in the State in which he or she practices, or hold a Certificate of Clinical Competence from the American-Speech-Language-Hearing Association.

Medical Evidence from Treating Sources

Currently, many disability claims are decided based on medical evidence from treating sources. SSA regulations place special emphasis on evidence from treating sources because they are likely to be the medical professionals most able to provide a detailed longitudinal picture of the claimant's impairment(s) and may bring a unique perspective to the medical evidence that cannot be obtained from the medical findings alone or from reports of individual examinations or brief hospitalizations. Therefore, timely, accurate, and adequate medical reports from treating sources accelerate the processing of the claim because they can greatly reduce or eliminate the need for additional medical evidence to complete the claim.

Medical Evidence From Health Facilities

SSA also requests copies of medical evidence from hospitals, clinics, or other health facilities where a claimant has been treated. All medical reports received are considered during the disability determination process.

Other Evidence

Information from other sources may also help show the extent to which an individual's impairment(s) affects his or her ability to function in a work setting; or in the case of a child, the ability to function compared to that of children the same age who do not have impairments. Other sources include public and private agencies, non‑medical sources such as schools, parents and caregivers, social workers and employers, and other practitioners such as naturopaths, chiropractors, and audiologists.

Medical Reports

Physicians, psychologists, and other health professionals are frequently asked by SSA to submit reports about an individual's impairment(s). Therefore, it is important to know what evidence SSA needs. Medical reports should include:
medical history;
clinical findings (such as the results of physical or mental status examinations);
laboratory findings (such as blood pressure, x-rays);
diagnosis;
treatment prescribed with response and prognosis;
a statement about what the claimant can still do despite his or her impairment(s), based on the medical source's findings on the above factors.
if the claimant is an adult age 18 or over, this statement should describe, but is not limited to, the claimant's ability to perform work-related activities, such as sitting, standing, walking, lifting, carrying, handling objects, hearing, speaking, and traveling.
in adult cases involving mental impairments or mental functional limitations, this statement should describe the claimant's capacity to understand, to carry out and remember instructions, and to respond appropriately to supervision, coworkers, and work pressures in a work setting.

if the claimant is a child under age 18, this statement should describe the child’s functional limitations compared to children his or her age who do not have impairments in acquiring and using information, attending and completing tasks, interacting and relating with others, moving about and manipulating objects, caring for yourself, and health and physical well-being.


Consultative Examinations

If the evidence provided by the claimant's own medical sources is inadequate to determine if he or she is disabled, additional medical information may be sought by recontacting the treating source for additional information or clarification, or by arranging for a consultative examination (CE). The treating source is the preferred source for a CE if he or she is qualified, equipped, and willing to perform the examination for the authorized fee. Even if only a supplemental test is required, the treating source is ordinarily the preferred source for this service. However, SSA’s rules provide for using an independent source (other than the treating source) for a CE or diagnostic study if:
the treating source prefers not to perform the examination;
the treating source does not have the equipment to provide the specific data needed;
there are conflicts or inconsistencies in the file that cannot be resolved by going back to the treating source;
the claimant prefers another source and has good reason for doing so; or
we know from prior experience that the treating source may not be a productive source.

Consultative Examination Report Content

A complete CE report will involve all the elements of a standard examination in the applicable medical specialty and should include the following elements:
the claimant's major or chief complaint(s);

a detailed description, within the area of specialty of the examination, of the history of the major complaint(s);

a description, and disposition, of pertinent "positive" and "negative" detailed findings based on the history, examination, and laboratory tests related to the major complaint(s), and any other abnormalities or lack thereof reported or found during examination or laboratory testing;

results of laboratory and other tests (for example, X-rays) performed according to the requirements stated in the Listing of Impairments (see Part III of this guide);

the diagnosis and prognosis for the claimant's impairment(s);

a statement about what the claimant can still do despite his or her impairment(s), unless the claim is based on statutory blindness.
  • if the claimant is an adult age 18 or over, this statement should describe the opinion of the consultant about the claimant's ability, despite his or her impairment(s), to do work-related activities, such as sitting, standing, walking, lifting, carrying, handling objects, hearing, speaking, and traveling;
  • in adult cases involving mental impairment(s) or mental functional limitations, this statement should also describe the opinion of the consultant about the claimant’s capacity to understand, to carry out and remember instructions, and to respond appropriately to supervision, coworkers, and work pressures in a work setting.
  • if the claimant is a child under age 18, this statement should describe the opinion of the consultant about the child's functional limitations compared to children his or her age who do not have impairments in acquiring and using information, attending and completing tasks, interacting and relating with others, moving about and manipulating objects, caring for yourself, and heath and physical well-being. 

the consultant 's consideration, and some explanation or comment on, the claimant's major complaint(s) and any other abnormalities found during the history and examination or reported from the laboratory tests. The history, examination, evaluation of laboratory test results, and the conclusions will represent the information provided by the consultant who signs the report.

Evidence Relating to Symptoms

In developing evidence of the effects of symptoms, such as pain, shortness of breath, or fatigue, on a claimant's ability to function, SSA investigates all avenues presented that relate to the complaints. These include information provided by treating and other sources regarding:

  • the claimant's daily activities;
  • the location, duration, frequency, and intensity of the pain or other symptom;
  • precipitating and aggravating factors;
  • the type, dosage, effectiveness, and side effects of any medication;
  • treatments, other than medications, for the relief of pain or other symptoms;
  • any measures the claimant uses or has used to relieve pain or other symptoms; and
  • other factors concerning the claimant's functional limitations due to pain or other symptoms.

In assessing the claimant's pain or other symptoms, the decision makers must give full consideration to all of the above-mentioned factors. It is important that medical sources address these factors in the reports they provide.


I hope this information has been useful. This is the most current information and links to date from November 2015. 

1 comment:

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