Learning Disabilities and SSI

The most typical injuries associated with disability benefits are physical – cancer, lost limbs, broken bones, brain damage. Non-physical injuries do, nonetheless, qualify for disability benefits under Supplemental Security Income (SSI) as long as they impede a person from undertaking some form of employment. Learning disabilities are an example of a widely suffered non-physical injury that can sometimes be eligible for SSI. Learning disabilities are common neurological disorders (disorders of the nervous system) that make it difficult for a person to learn or process information in typical way or at a normal rate. Learning disabilities affect an estimated 15 million Americans.

SSI Eligibility for Learning Disabilities

Applying for disability benefits is always a difficult task, but in cases of a learning disability, it can be even harder. Learning disabilities will have to fulfill the same strict requirements as other disabilities in order for the sufferer to be honored with benefits, which means not all learning disabilities necessarily qualify for benefits. The general criteria for an SSI-eligible disability is that it must be medically recognized and severely disable the sufferer’s ability to be gainfully employed. To be eligible, learning disabilities must also be expected to last longer than 12 months or be expected to cause death.

In children, learning disabilities must adhere to different standards than those listed above in order to be eligible. Children are eligible if their learning disability severely limits important everyday functions. Their disability must also last longer than 12 months or be expected to cause death.

Learning disabilities that may qualify for disability benefits include disabled motor functions, significant memory loss or disability, communication disabilities, and input disabilities.

Applying for SSI Disability Benefits

The Social Security Administration hosts the online application for SSI disability benefits at their website. Potential applicants are encouraged to apply online; however, applications are also available by phone (1-800-772-1213) or in person at local Social Security offices. Individuals whose learning disabilities make it difficult for them to apply themselves may consider appointing a representative to file on their behalf. Representatives do not need to be lawyers, but must be qualified under the SSA’s standards.

Help from a Lawyer

Whether or not your SSI application is based on a learning disability, a lawyer can always be helpful in making sure everything is conducted in a legally-sound manner. A lawyer can be especially helpful in cases involving learning disabilities because they generally are more confusing and more controversial. Seeking counsel from a disability lawyer who has medical background and/or prior experience with learning disabilities cases can be extremely helpful.