Do Adults Win Social Security Disability Easier Than Children?

by Editorial Board on October 22, 2010 · 0 comments

in Winning Disability Benefits,Questions & Answers

The Social Security Administration (SSA) has different rules for considering claims filed by adults than they do for children’s cases.  When an adult files for social security benefits, the following definition of disability is applied:  An individual shall be considered disabled if he is unable to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.

When a child applies for social security benefits, the following definition of disability is applied:  If you are under 18, we will consider you disabled if you have a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve months.

The definitions of disability for a child vs an adult are not the same and therefore different questions are asked in evaluating disability for adults and children.  The legal standard to prove a child’s case for benefits is actually more severe and therefore it is not as easy to establish that a child is disabled under SSA’s rules.  So adults generally have an easier time proving disability than the harder to prove children cases.

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