How can I be sure if my learning disability qualifies me for benefits?

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Question:

How can I be sure if my learning disability qualifies me for benefits?

Answer:

If you have one or more learning disabilities the only way to be entirely sure if they qualify you for Social Security Disability Insurance benefits or Supplemental Security Income benefits is to apply for the benefits and follow the process through to an appeal before an Administrative Law Judge if necessary.

  • However, before you take that step you should discuss your interest in knowing if your learning disabilities are severe enough to qualify benefits with an attorney who specializes in helping people apply for and receive Social Security benefits.
  • You should also talk about this with any professionals who are familiar with the severity of your learning disabilities. Perhaps you receive special employment services or job coaching from a local support organization, or you have had testing and special services since you were a child. One of those professionals who supervise or come in regular contact with you might be able to give you some information as well.

What To Think About

If you have a learning disability that has been well documented by doctors and your schools since you were a child, and you have extreme difficulty getting or keeping a job because of your learning disabilities you may qualify for benefits.

When Social Security makes a decision about whether or not to award someone disability benefits they are looking to see if:

  • The person has a physical or mental condition that prevents them from performing "significant gainful activity." In other words, if you have a mental impairment that keeps you from being able to earn even a very basic living.

In the case of a learning disability, it will be important to show what is called longitudinal evidence. This means that Social Security will want to see proof that your learning disability has long history, and that its negative effects on you despite medication and other forms of training and intervention are continuous and consistent.

Get Legal Help

Especially if you have a learning disability you will probably need the type of help a well trained, experienced lawyer can give you. A lawyer who specializes in helping people get the Social Security benefits they deserve will be able to help make sure your application is completed correctly, that you signed every place you needed to and that you have provided all the evidence you need to make a strong case.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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