Dec 20th, 2017

Can a Child Receive Disability Benefits for Dyscalculia

Fred London Law 0 Comments Social Security Disability

Dyscalculia is classified as a developmental disorder that causes a person to have difficulty learning and understanding numbers. This makes it harder for them to understand arithmetic and be able to grasp mathematical concepts which impacts their ability to progress through school or become hirable for many industries. In some cases it is possible to receive benefits from Social Security for dyscalculia.

get disability for dyscalculia in child

Eligibility for Benefits

To apply for benefits for learning disabilities in children, like dyscalculia, it needs to be well documented by a medical professional and there has to be proof that it affects the child severely. There are several categories that are included in what that means, and the child has to meet at least two of the categories:

- Unable to remember, understand or apply information to solve problems

- Cannot pick up social cues, cooperate with others, handle conflicts with others, or make friends

- Unable to protect themselves from harm, control their behavior, maintain personal hygiene or regulate emotions properly

- Issues with focusing cause an inability to perform tasks in a timely manner, work close to others while not interrupting them and not be distracted themselves

Documentation from the child’s school records can also be used to show the severity of the condition. Teacher records and grades are evidence of the child fitting the categories above, and can be critical in showing the daily impact to the child’s life. Even with documentation from the sources above, the Social Security Administration (SSA) may want to have the child visit for a psychological consultative evaluation. Determining the child’s current functioning level is important to the process, and the SSA wants to be sure the issues will be limiting to the child for a minimum of 12 months or the benefit will not be granted.


There are two branches of benefits within the SSA, Supplemental Social Income (SSI) and Social Security Disability Insurance (SSDI). For some disabilities a parent’s work history and payments into Social Security can qualify their children to receive SSDI, but dyscalculia is not an eligible condition for SSDI. That means that the only program that may provide benefits is SSI, which is based on the income level of the parents or guardians for the child. As such, the best way to ensure you qualify based on income and other factors is to make contact with an attorney to examine the situation to determine if it would be possible to receive the benefits.

Dec 19th, 2017

Social Security Benefits for Children with ASPD

Fred London Law 0 Comments Social Security Disability

Having a child or teen diagnosed with Antisocial Personality Disorder (ASPD) generally stems from them having disregard for the rights, safety or property of others. ASPD is a mental illness that stems from inherited traits and environmental conditions. It’s a chronic issue that often results in the afflicted causing harm or violating the rights of others, and leads to legal problems or at the very least inappropriate and aggressive behavior.

ssi for antisocial presonality disorder in child

If a child has been diagnosed with ASPD, or a similar personality disorder, it’s rare for them to receive Social Security benefits for the condition, but it can be awarded when enough qualifying conditions are met. Since children don’t have work history the application for Social Security benefits most often is done via the Supplemental Security Income (SSI) program with the Social Security Administration (SSA).

Qualifying for Benefits

The process to start receiving SSI benefits for antisocial personality disorder in children starts with determining which medical criteria they meet. There are two paths that permit eligibility:

- Meeting criteria from the Blue Book (Listing of Impairments) for an antisocial personality disorder

- Meet “functional equivalence” when the SSA compares the six domains of functioning

To meet the listing of impairments the child’s medical examiner (pediatrician, psychiatrist or licensed psychologist) must provide a diagnosis of the disorder along with documentation of one or more of the following symptoms in the child’s medical records:

- Inappropriate suspiciousness and mistrust of other people

- Disregard for the rights of others

- Violations of the rights of others

- Unstable personal relationships

- Attention seeking behavior

- Excessive emotionality

- Exposing feelings of inadequacy

- Detachment from socializing

- Recurring aggressive outbursts

- Obsession with perfection or orderliness

- Excessive need to be cared for

After being diagnosed and having the above documented, the child must show that the condition is affecting their development. If there is evidence that the child has an inability to interact appropriately with others, fails to adapt to changes or manage themselves to prevent harm, lacks ability to focus, or shows an inability to learn and remember information due to the ASPD affliction then they meet what is required for SSI.

Applying for SSI from that point forward can be a difficult process, and the best way to go forward if the above qualifications have been meet is to seek out legal advice from an experienced attorney. A disability lawyer will know what records should be provided, and the best way to compile the information necessary, and determine if the application for the child has a chance to move forward.

Dec 13th, 2017

Can Husband and Wife both Collect Social Security ?

Fred London Law 0 Comments Social Security Disability

When it comes to receiving Social Security benefits the biggest factor people face to determine if they can collect their benefits is if they have put in enough work and earned enough to qualify. Many times earners wonder if being married will affect their benefits and the answer to that is only if the benefits are being paid out of someone else’s work credit to begin with.

social security benefits for couples

The Claimant’s Work Record

If a claimant for Social Security benefits is receiving retirement or Social Security Disability Insurance (SSDI) and has worked and satisfied the work requirement necessary, having paid in for 40 credits, then regardless of their marital status they can draw their benefits. One credit is the equivalent of working and earning the minimum necessary for three consecutive months, or one quarter of a year. Over the course of 10 years that equates to the 40 credits necessary. Regardless of any other circumstances, if both spouses have their credits then the Social Security benefit for the couple will be paid to both.

Marriage and SSI

If the Social Security benefits being used fall under the supplemental security insurance (SSI) program then any income a spouse receives can be counted as income for the claimant. Since SSI is a program for low income individuals that haven’t met the credit requirements then the total Social Security benefit for the couple may be reduced or the spouse receiving SSI may become ineligible.

How Much Will Be Paid

Determining how much the benefit will be worth is important so that the social security benefits for couples can be put to their best use. Currently, the monthly benefit is highest when a claimant waits until they’ve reached 70 years of age before starting to collect. That level is what the Social Security Administration bases their calculations on. Then they adjust the claimants past 35 years of work for inflation, making every year equivalent to today’s value of a dollar. The adjusted values are then averaged and that number is divided by the total number of months in 35 years to give a monthly amount. That monthly amount is then applied to a formula to come up with the monthly benefit, which is normally much lower than the average monthly income earned over those 35 years. For a full description of the formula, it can be found here. If a claimant starts collecting before 70 years then the monthly amount is decreased as well, so it is usually best to wait until then to start collecting.

Dec 11th, 2017

What happens to your spouse’s social security when they die

Fred London Law 0 Comments Social Security Disability

This topic is never easy to discuss, but it’s an important conversation to have. If your spouse passes away you could be left with many burdens, so it’s important to know what kind of support will be available to you. One of those forms of support is the remainder of your spouse’s Social Security benefits.

spouse's social security benefits

Qualifying for Benefits

To receive Social Security benefits, an individual must qualify for them first. As you work, the SSA provides you credit for that work, and when you’ve received enough credits then your qualified beneficiaries are eligible to receive the survivor payout benefit. The amount of credits needed varies depending on the age of a person at the time of death. If the worker had young children then the benefit can be paid out without meeting the full credit requirements, so for a full breakdown of what’s needed, check here at the SSA website.

How Much of the Spouse’s Social Security Benefit Will You Collect

There are some important factors that play into how much of your spouse’s Social Security benefit you can receive as a survivor benefit. To calculate how much will be granted to help support you then knowing if the spouse had already begun collecting, when they began collecting and the surviving spouse’s age are all part of the equation. If both partners are over the age to receive full benefits then the survivor benefit can be 100 percent of the spouse’s benefit. If the spouse started drawing before the age that would have resulted in the maximum benefit then a percentage is factored in. Likewise, if the survivor has not yet reached the age for full benefit then the survivor benefit is reduced. The concept behind this percentage breakdown is that the SSA is assuming a specific total amount that will be paid to you or your spouse, and if you start drawing the benefit early then that means you will receive more payments for a longer time, at a lower value, so that the sum of the payments still equals the same total benefit in the end.

Other factors that can play into the benefit amount are death occurring before either spouse reaches an eligible age to start receiving benefits, continuing to care for a minor child, or the parents of a working child who has passed may receive the benefit their child qualified for. Figuring out what it takes to receive the benefit and going through the struggles of contacting the SSA on your own are likely not issues you’d like to take on while mourning. If you need assistance, please reach out for legal advice and assistance, we can help take the pressure off and clear your mind of some tasks like these in your time of need.