Raleigh DWI Lawyer

Children’s Disability Claims

Posted on 25. Jun, 2010 by Admin in Uncategorized

Certain individuals can be classified as disabled and receive benefits from the government. For example, an adult who is disabled may be able to receive income from social security. Social security is government sponsored insurance that is available to people who meet specific criteria in regards to age, disability, poverty, and unemployment.

However, you may be wondering if children can receive disability benefits from social security. The answer to that question can be tricky. For example, an adult may be able to receive social security for disability if he or she can prove that the disability prevents him or her from performing the labor that would be necessary to find gainful employment where that person lives. Children, however, don’t usually work. In a lot of case, they can’t even be legally employed. So this may leave some confusion over what kind of criteria would be used in a case involving a disabled child.

This is answered by the fact that cases over children’s disability claims have been won when it was proven in that case that the child was not able to function normally when attempting to perform activities that are relevant to children of that age.

Of course, one of the most important of these activities is school. If it can be proven that the child cannot function in a regular classroom, this benchmark for receiving disability benefits may be met.

Evidence supporting this fact will have to be gathered to make the case for how debilitating the child’s disability is in regards to school performance. A disability lawyer will probably want to track down things like report cards, records of the student’s involvement in individualized education programs, intelligence quotient tests, and achievement tests. Also likely to be needed are surveys and interviews with the student’s teachers. These are likely to give good insight into the child’s situation.

Unfortunately, obtaining these kinds of records and information isn’t exactly easy. This is likely to make a child’s disability claims case more difficult than a case involving an adult. There is also the possibility that childhood disabilities can be grown out of. One common example is asthma.

However, despite these difficulties, many such cases have been won. If you have a child who you think deserves disability benefits, you should contact an attorney who specializes in disability law.

Disclaimer: This article was written for educational purposes and is not meant to be used as legal advice. Those seeking legal consultation should contact Attorney Mike Murburg at his website, disabilityattorney.net.

Tags: child disability, disability claims, parent of disabled child