Appealing a Denied SS Claim for a Learning Disability

When you apply for social security based on a disability, it can be quite a challenging process.  From gathering the paperwork, to interacting with social security representatives, it is a process that takes determination to complete.  If you have submitted a claim for a learning disability in the past and was denied, the next step in the process is appealing a denied SS claim for a learning disability.  Prior to doing that, there are a few things you should know including which learning disabilities qualify and, of course, how to appeal a denied claim.

When Does a Learning Disability Qualify for SSI?

A learning disability covers a broad range of skill sets that a person could be deficient in.  When loosely used, the term learning disability can refer to any professionally diagnosed developmental disorders that affect a person on an academic, and global developmental level.  Common learning disorders include: dyslexia, global developmental disorder, autistic spectrum disorders, speech and language disorder, hearing disorder, and a host of others. 

A learning disability does not serve as a gauge of low level intelligence whatsoever; it is more of a measure on how one’s brain can process information.  A learning disability will qualify if a person has an IQ of 59 or less, or an IQ of 60-70 with physical and/or mental impairments that causes functional limitations.  Also if the learning disability causes “marked impairments” one can qualify. 

The above-mentioned conditions apply to learning disability suffers who are slow learners.  Compliance with requirements may require school records that reflect the learning disability.  However if you are filing a claim on the basis that the learning disability in some way prevents you from working, then you might need an advocate to assist with the process.

Appealing a Denied SS Claim for a Learning Disability

If you get denied then you should appeal that claim as soon as possible.  You will be allotted sixty days to appeal, so you should file the appeal within that window of time.  First, you should contact your local social security administration office and let them know that you would like to initiate an appeal.  They will then send you the appeal forms.  As soon as you get the forms fill them out completely and return them promptly back to the social security office. Be sure that you have included all pertinent information including verification documents, a log of doctor’s visits, etc.  It is important to also consider consulting with a disability attorney.  Furthermore, do not let your appeal fall by the wayside.  You must be persistent and stay on top of your appeal case by working closely with social security.  The more proactive you are, the better it will be.

Getting Help

It is a good idea to contact an experienced social security attorney to complete your initial application to minimize the chances of denial, and essential to contact an attorney once you have been denied to help you appeal your case. An experienced attorney can help you gather the evidence you need to make a successful appeal and get the benefits you need.