Sunday, October 2, 2022
HomeExclusiveWhat Makes A Child With Asthma Eligible For Ssi

What Makes A Child With Asthma Eligible For Ssi

Report: Racial Disparities In Access To Supplemental Security Income Benefits For Children

Public Benefits

SSI for children is crucial support for families in need. Supplemental Security Income provides critical financial support to people with disabilities who experience economic hardship, including 1.1 million children. SSI income is crucial not only because it can boost families out of poverty, but also because in many states, SSI recipients are automatically eligible for Medicaid and other programs that provide much needed resources. However, racial and ethnic disparities in Social Security Administration policies, and in systems underlying SSI applications, create inequities in accessing and maintaining SSI benefits.

To establish a childs eligibility for SSI benefits, a family must present mental health, physical health, and education records to prove disability. If a child is eligible, they must periodically present new evidence to prove they still qualify. Children face possible suspension or termination of benefits if they become involved in the criminal justice or child welfare systems.

Black children are disproportionately impacted by SSAs policy choices, like heightened standards for asthma and sickle cell disease. SSA heightened its rules to qualify for benefits based on asthma and sickle cell to be incredibly challenging to meet, despite the disparate impact of these serious health issues on Black children.

SSA must make internal changes and establish external collaborative partnerships to improve equity in access to crucial benefits.

If You Have Had Frequent Asthma Attacks That Require Hospitalization You Should Be Able To Get Disability Benefits

Asthma is a disorder that causes the bronchial tubes to abnormally contract. These contractions cause swelling of the airways and make it difficult to breathe properly. Symptoms include coughing, tightness in the chest, wheezing, and shortness of breath. Asthma attacks can be triggered by airborne irritants, allergies, exercise, cold air, cold viruses, and even emotional upset. Sometimes asthma attacks occur for no clear reason.

Asthma can often be treated effectively with medication; however, in some rare cases, patients experience disabling asthma attacks despite treatment. In these instances, it can be impossible to maintain full-time work.

What Can I Spend My Childs Social Security On

The money can be spent only on the following: medical treatment and related expenses, such as rehabilitation or therapy expenses or skilled nursing assistance. educational expenses, including job or skills training. special equipment, including computers and specialized vans. home modification costs, or.

Qualifications For Children With Asthma

As stated before, around 6.3 million of the 25 million people with asthma are children. Asthma is the most common chronic condition in children and is the leading reason for missed school days throughout America. The Blue Book is split into two sections, one for children and the other for anyone 18 years or older. This is due to the fact that the Social Security Administration goes about evaluating children and adults differently. Adults are typically evaluated based on their ability to engage in employment while children are evaluated based on their ability to function in the 6 domains.

103.03 Asthma

A.) FEV1 equal to or less than the value specified in Table I of 103.02A

 

Getting Help From A Disability Attorney

Respiratory Disability

Because getting benefits for your disabled child can be time consuming and stressful, it may be helpful to talk with an attorney who is experienced in handling children’s SSI claims.

  • Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Do Not Sell My Personal Information

    Should I Hire A Lawyer

    You can get through the application — and appeal — process without a lawyer. But appealing a rejection can be hard. So it can be helpful to have an attorney, especially one who specializes in this.

    Protection and advocacy organizations can help you find a lawyer who will help you get through paperwork, get your medical records and other necessary information in order, and prepare you for your appeal hearing. They also can represent you in front of the judge.

    The SSA must approve your attorneyâs fee, and itâs only paid if you win the appeal. The fee is either 25% of the benefits you earned from the date of your original application through the date your case is decided or $6,000 — whichever is lower.

    You can find Protection and Advocacy organizations on the Social Security Administration’s website. The American Bar Association also has information on its website.

    How To Qualify For Disability Due To Asthma

    To decide if you are eligible for disability due to your asthma, first the Social Security Administration will check to make sure you are not working and making more than $1,220 per month , and that your inability to work due to your asthma will last at least 12 months. If you pass these initial screening tests, the SSA will then look to see whether your asthma meets its official disability listing for asthma.

    When You Should Seek Medical Attention

    If you have asthma symptoms, it is important to see a specialist immediately. An asthma inhaler or nebulizer may help improve your symptoms. Seeking immediate medical attention plays an important role in your overall health outcome. Long term and severe asthamatic attacks can cause anxiety issues in the patient. If anxiety conditions continue for a year or longer or lead to other health conditions, then you should know thatanxiety is also considered a disability

    Seek emergency treatment if you have the following symptoms: 

    • Extreme difficulty in breathing
    • Difficulty breathing while walking or talking
    • Bluish tint to the skin

    These symptoms can be triggered by several factors, including cold air, cold viruses, airborne irritants, allergies, exercise, and even emotional upset. There are even instances where asthma attacks occur for no reason. 

    The symptoms can be treated effectively with proper medication and lifestyle changes but in some limited cases, patients may continue to experience disabling asthma attacks even after getting treatment. 

    You should speak to a medical healthcare provider if the frequency of your symptoms increases. They may recommend that you use an inhaler or nebulizer more often. Many people apply for short term disability due to asthma when the condition restricts their ability to engage in full time employment or normal activities of daily living.

    Can You Qualify For Disability Because Of Job Restrictions

    If you don’t qualify for disability automatically under the asthma listing and you are an adult, Social Security will consider what limitations your asthma puts on your ability to work a regular job. Social Security will develop an RFC for you â that is, a residual functional capacity assessment, which is what you are able to do despite your impairment. If your doctor has restricted you from heavy exertion, working around excessive dust and fumes, or working in extreme hot or cold temperatures, Social Security will include these job restrictions in your RFC. These limitations can rule out a number of jobs that you can do, and if you prior job required any of the restricted activities, Social Security will have to come up with other work that you can do. If you’re older than 50 or 55, you have a chance of getting disability benefits this way. For more information, see our section on how Social Security uses the RFC to decide what work you can do.

    Step 4: Functional Equivalence

    In the fourth step, the DDS will evaluate whether the impairment functionally equals the listings , i.e., whether the child’s impairment is of listing-level severity, which means it must result in marked limitations in two domains of functioning or extreme limitation in one domain .

    Six Activity Domains

    When determining functional equivalence, the SSA considers how a child functions in activities in terms of six domains. The domains are broad areas of functioning that depict activities that children can and cannot do at home, at school, and in the community compared to typical children the same age who do not have impairments . Information concerning functioning in the six domains is collected from medical sources, parents, teachers, and others who can describe functioning at home, in childcare, at school, and in the community . The SSA may also request a consultative exam if the medical evidence provided is not adequate .

    The first domain, Acquiring and using information, refers to how well a child can acquire or learn information and use the information that was learned . An example of limited functioning in acquiring and using information is having difficulty remembering things that were learned in school the previous day .

    Marked and Extreme Limitations

    Marked Limitation

    Extreme Limitation

    Is Asthma A Disability

    Many people diagnosed with the condition ask whether asthma is a disability or not. To be clear, asthma is considered a disabling condition under Section 3.03 of the Social Security Administrations Blue Book. 

    You must meet the eligibility conditions to be eligible for disability benefits due to asthma under Blue Book criteria. The SSA will consider the limitations and symptoms you are experiencing. Based on the severity of your condition, the SSA will determine your eligibility. Special eligibility rules may apply for Disability over 50 years old.

    The following are the five most common types of asthma:

    • exercise-induced bronchospasm
    • occupational asthma
    • nocturnal or night time asthma

    Asthma is a chronic lung disease that can lead to irreversible scarring of the lungs. Therefore, it is crucial to start medical treatment as soon as possible to ensure that your asthma condition does not worsen. An individual can even seek disability for Asthma in severe cases. 

    A proper diagnosis from a medical specialist can help you determine the best course of action. The following are some of the common signs and symptoms of asthma. Consider these as warning signs and see a doctor immediately if you experience any of them.

    • Uncontrollable coughing
    • Sweating and anxiety
    • Shortness of breath

    When Does Asthma Qualify For Disability

    If you can meet the qualifications under the Social Security’s disability listing for adult asthma, your claim will be automatically approved. The asthma listing has two requirements:

    • in a one-year period, you must have had three exacerbations or complications requiring hospitalization for at least 48 hours each. The hospitalizations must have occurred at least 30 days apart.
    • your value must be low for your age, gender and height .

    Alternatively, if you have chronic bronchitis in addition to your asthma , you may be able to qualify for benefits based on the results of lung function/breathing test results alone. You must have the level of forced expiatory volume that is required for COPD . See our article on disability benefits for COPD to get the details on the test results required to qualify for disability for chronic asthmatic bronchitis.

    How Long Will I Get Benefits

    Action Plan for Treating Asthma in Children

    If youâre approved and start getting a monthly check, your case eventually will be reviewed — everyoneâs is at some point. But if youâre not working and are still seeing a specialist for the same health issues, your benefits should continue. You wonât need a hearing of any kind.

    Social Security Administration: âDisability Evaluation Under Social Security, 9.00 Endocrine Disorders â Adult.â

    American Diabetes Association: âFact Sheet â Social Security Disability Programs,â âIs Diabetes A Disability?â

    Resources.lupus.org: âSocial Security and Disability Benefits.â

    How Does The Ada Work

    The ADA helps people with asthma and allergies create safer, healthier environments where they work, shop and eat. It also helps people who attend public schools and non-religious private schools, even if those schools do not receive federal funding. For example, a private preschool may have to allow a child to use a quick-relief asthma inhaler during the day. Or, a company cannot refuse to hire a qualified person with food allergies because they may have to make the lunchroom allergy friendly.

    In most cases, everyone works together to improve conditions and promote equal access and include those with disabilities. This is called an accommodation. Accommodations are made on an individual basis because the needs of each person vary depending upon the situation.

    Examples of accommodations could include:

    • Reorganizing work spaces to reduce odors
    • Restricting the use of allergens in classrooms
    • Removing old carpet

    Help From A Muncie Social Security Disability Benefits Lawyer

    Applying for SSI can feel like an insurmountable task, especially if you are also caring for a child with asthma. If you or someone you know has a child with asthma and are struggling to make ends meet, Hensley Legal Group may be able to help. Call us today or contact us online for a free conversation about your claim. Our Muncie disability benefits lawyers are here for you.

    Legal Professionals Can Help Manage Things

    Having relevant medical and other documents to prove disability is vital but doing anything while dealing with disabling conditions can be hard. Even family members will face a lot of difficulty trying to support someone with a severe disability. That is why it is best to hire an experienced attorney who can handle everything on your behalf and help you win the claim. We have experienced attorneys available to help you throughout this process. You can rely on us to fight for your rights.

    B Causes Of Asthma And Preventions

    There are several different events and substances that can trigger asthma symptoms and attacks. The types of asthma triggers from which each person suffers are different and can change over time. Part of learning to control your asthma is to learn what triggers symptoms and attacks and avoiding those triggers as much as possible. Some of the common asthma triggers include the following:

    Dust mites Dust mites are microscopic creatures that exist in almost every living space. Special allergen-blocking pillow cases and mattress covers can create a protective barrier between yourself and your mattress and pillows. Avoid using down-filled pillows and bedding materials, as down draws more mites than other common bedding materials. Also try to remove fabric and stuffed items from your room that are not necessary, such as stuffed animals. When washing bedding, stuffed toys, and clothing, use the hottest water setting to help remove dust mites.

    Air pollution Poor air quality in your neighborhood or indoor environment can trigger asthma attacks. People with asthma who live near factories, heavy automobile traffic, and densely populated areas are likely to live in poorer outdoor air quality. Watch the local weather reports for air pollution warnings and try to limit outdoor activities during high pollutant days. For indoor air quality improvement, make sure air conditioning filters are changed on a regular basis and avoid burning candles, incense, and cigarettes indoors.

    Are Asthma And Allergies Disabilities

     

    Has a preschool rejected your child? Or was your child left out of a field trip because a teacher was afraid to use an epinephrine auto-injector? Does a moldy carpet at work or school make you sick? Does stale smoke in offices, hotel rooms or conference centers make it hard for you to work?

    The Americans with Disabilities Act is a federal civil rights law. It gives people with disabilities the right to ask for changes where policies, practices or conditions leave you out or put you at a disadvantage. Public companies and places must give people with disabilities full access to all facilities, programs, goods and services. They must also give them the chance to enjoy these places and services just like someone without disabilities.

    The ADA borrows from Section 504 of the Rehabilitation Act of 1973. The Rehabilitation Act says agencies, programs and services that receive federal money cannot discriminate based on disability when it comes to jobs or education.

    This includes public accommodations, such as:

    • Restaurants
    • Non-religious private schools
    • Child care programs

    These places must be accessible to and usable by those with disabilities. No one can be left out or denied services because of a disability. They also cannot be left out due to ignorance, attitudes or stereotypes others may have about disabilities.

    Gauging Severity; Gathering Evidence

    Generally, when youre applying for SSD benefits, you must provide a slew of medical evidence from professional caregivers. This comes into play even more when the applicant is a child.

    First, the SSA will examine whether or not your childs asthma poses a severe occupational hindrance. This doesnt mean your child has to have a job. Rather, the SSA will consider whether or not the asthma prevents your child from functioning normally for their age group. Does the condition dictate every facet of your childs life? Does asthma prevent them from completing tasks or interacting with other children?

    Next, the SSA will want clarification on how long your childs asthma has lasted or is expected to last. Most cases require the condition to have lasted for at least a year, or to be expected to last for a year.

    In order to make sure you childs condition is severe enough to qualify for SSI, the SSA will examine their medical history. You should have as much medical evidence as you can proving the severity of your childs asthma. The SSA will use the medical records to gauge whether or not you have been treating your child for asthma, and if there is potential for more severe symptoms further on.

    Qualifying For Disability For Childhood Asthma

    Considering how asthma can significantly disrupt a childs way of life, preventing him from playing, socializing, and even getting an educationdepending on his respiratory triggersthe SSA will approve severe cases for disability. However, consideration is based on a case-by-case basis and requires specific criteria to be met. When applying for disability for your child, your claim must show the following:

  • Level of functional limitation. Functional limitations address how your childs asthma physically affects his quality of life. Does it keep him from performing daily activities? Does it limit his socializing abilities? For approval, you must be able to justify the claim by verifying that your childs asthma notably limits his ability to function in one of the following areas:
  • Obtaining and using information accurately
  • Completing tasks
  • Socializing with others
  • Moving around, manipulating objects, and maintaining an active lifestyle
  • Taking care of himself and his personal needs independently
  • Medical Conditions That Don’t Meet A Listing

    ENewsletter

    If your child’s medical condition does not meet a listing, the SSA will evaluate how your child’s impairment affects certain areas of your child’s life, called “domains of functioning.” To be found disabled, your child’s condition must cause a “marked” limitation in at least of the two domains or cause an “extreme” limitation in at least one domain.

    Domains of functioning. There are six domains that the SSA will assess. These are the child’s:

    • ability to learn and use information
    • ability to attend and complete tasks
    • ability to interact and relate with others
    • ability to move about and manipulate objects
    • ability to care for personal needs, and
    • general health and physical well-being.

    Age groups. To determine the extent of how your child is affected by his or her condition, the SSA will see if your child has achieved certain benchmarks that an average unimpaired child of the same age is expected to meet. Each domain has its own set of benchmarks depending on the age of the child.

    Limitations. A “marked” limitation is one that seriously interferes with your child’s ability to “independently initiate, sustain, or complete activities.” It means more than a moderate limitation but not as severe as an extreme limitation. An “extreme” limitation is one that very seriously interferes with your child’s ability to independently initiate, sustain, or complete activities.

    • school records
    • lab results, and
    • reports from therapists or psychologists.

    Disabled Children’s Ssi Benefits

    Disabled children can qualify for disability benefits through the SSI program.  To prevail, they must satisfy both the medical and non-medical eligibility rules.

    To qualify under the medical eligibility rules, a child must have a medically determinable physical or mental impairment or combination of impairments which result in marked and severe functional limitations. The impairment must have lasted or be expected to last at least 12 months or be expected to result in death.

    For adults, severity of impairment is measured by their ability to engage in work activity.  For children, impairment is measured by their ability to engage in age-appropriate activities.

    One way for children to prevail under the medical rules is by satisfying the requirements of a Listing.  SSA has something called Listing of Impairments Childhood Listings which is simply a list of medical conditions that are deemed severe enough to warrant automatic granting of benefits.  The Listings include medical conditions such as cerebral palsy, brain tumors, epilepsy, spinal disorders, traumatic brain injury, autism, blindness, asthma, cystic fibrosis, heart disease, kidney disease, cancer, diabetes, and many, many other conditions.  However, each listing has a unique set of criteria that must be satisfied, and this can be difficult.

    • Acquiring and Using Information
    • Moving About and Manipulating Objects
    • Caring for Self
    • Health and Physical Well-Being

    Ssi Payments Are Set By Statute

    Supplemental Security Income is a different kind of disability benefit.  SSI is a kind of welfare program in that it pays disability benefits to claimants who have not worked enough to be insured, or eligible, for SSDI.  SSI benefits are generally lower than SSDI these benefits are set by law and change every year. If you have no offsets, your SSI check in 2011 will be around $674 per month for an individual and $1,011 for an eligible claimant with a spouse.    Click on the link to review a table showing monthly SSI benefits for prior years.

    SSI benefits can also be reduced or offset by your spouses income, or by the value of certain assets you may own.

    Key Terms And Definitions

    The following set of definitions for the key administrative terms and procedures used in the SSA’s determination of an applicant’s eligibility for SSI benefits will be used throughout the remainder of this chapter and report. SSA field offices , located in communities throughout the country, administer the nondisability criteria of citizenship or alien status, residency, employment, income, and resources. State disability determination services administer the disability eligibility criteria at the initial and reconsideration levels.

    The Child Mental Disorders Listings.

    Step 2: Medically Determinable Impairment Severity And Duration

    In the second step, the DDS evaluates whether an applicant has a severe medically determinable impairment as required by the Social Security Act, and the claim will be denied if the child does not have a severe medically determinable impairment as defined by statute and in the Code of Federal Regulations .

    The SSA defines a medically determinable physical or mental impairment as an impairment that results from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques . A medically determinable impairment must be established by medical evidence that includes symptoms, signs, and laboratory findings . Furthermore, the medical evidence used to support a medically determinable impairment must come from an SSA-approved list of medical sources, which includes licensed physicians and psychologists . If there is not sufficient medical evidence to support a finding of a medically determinable impairment, the claim will be denied.

    Applicants will also be denied if the impairment is not considered severe. The SSA defines a nonsevere impairment as an impairment or combination of impairments that does not cause more than a minimal limitation in the individual’s ability to function in an age-appropriate manner .

    If the DDS finds that the claimant has a severe, medically determinable impairment, the claim will proceed to step 3.

    Medical Conditions And Disability Claims: List Of Impairments

    The SSA’s Listing of Impairments is generally broken down by bodily system or function. There are separate lists for adults and children under the age of 18. For adults, the medical conditions that qualify for SSDI or SSI include:

    • Musculoskeletal problems, such as back conditions and other dysfunctions of the joints and bones
    • Senses and speech issues, such as vision and hearing loss
    • Respiratory illnesses, such as asthma and cystic fibrosis
    • Cardiovascular conditions, such as chronic heart failure or coronary artery disease
    • Digestive tract problems, such as liver disease and inflammatory bowel disease
    • Neurological disorders, such as multiple sclerosis, cerebral palsy, Parkinson’s disease, and epilepsy
    • Blood disorders, such as sickle cell disease or hemophilia
    • Mental disorders, such as depression, anxiety, schizophrenia, autism, or intellectual disability
    • Immune system disorders, such as HIV/AIDS, lupus, rheumatoid arthritis, and kidney disease

    The list of medical conditions for children under the age of 18 is virtually identical to the one for adults. Growth impairment is the only medical condition covered for children that isn’t covered for adults. For a complete list of impairments, including detailed evaluation methods, visit .

    RELATED ARTICLES

    Most Popular