5 Reasons why some representatives may not take Child’s Disability case
I am one of those attorneys who actually LIKES kids’ supplemental security income disability cases. Mostly because I usually feel sympathy for the children and I take the time to educate parents. Even with that said, I am very tough on scrutinizing kids’ cases. I can’t begin to tell you the number of parents who have come to me expressing their difficulty in finding a representative who handles kids’ cases. Well, in an effort to give you some insight into why it is so difficult, I thought I would share a few reasons that may affect the decision of a representative to work with your child’s case:
1) Hard to win
Most people don’t appreciate the fact that Social Security cases are hard to win when it comes to kids. Social Security is very leery about categorizing kids as being disabled. As such, the standard for determining if a child is disabled is much higher.
2) Some conditions are MUCH harder than others (Asthma, ADHD, slow learning, and behavioral problems)
Some conditions are fairly common amongst kids when it comes to SSI claims. ADHD, Asthma, Learning problems, and Behavioral problems are pretty common. Unfortunately, most people don’t appreciate how hard it is to prove these types of cases. In most cases, the child’s conditions have to be pretty severe and merely taking your child to the hospital once or twice or the fact that they are in Slow learning disabled classes may not be enough.
3) Assets and resources
Most people don’t realize that if the child’s case is being applied under Supplemental Security Income that assets and resources come into play. Remember, representatives get paid based on the amount of back pay. If the parent’s resources are of such a level that it reduces the amount of money the child may receive, this amount may affect the amount of back pay a representative may get.
4) Parents not doing what they are doing.
Unlike adults, children can only go and get treatment if their parents take them. Sometimes, parents are not as aggressive as they need to be in order to ensure that their kids get the treatment they need.
5) Parents making the condition worse than it is.
In some rare cases, the parent may be overstating the case. For instance, when asked the question “HOw often do you take your child to the hospital?”, some parents will say “Every month”. However, when you follow up with “So when I ask for records, i will have 12 visits? One for every month of the last 12 monts?”, then you may get a slightly modified version “Well, I go almost ever month.” It’s important that you give an accurate portrayal of your child’s condition.
Kid’s cases are very tough. It’s important that you take the necessary steps to address their medical issues but understand that the very fact that they are difficult to prove may make it tough for a representative to take.
