Going To School And A Social Security & SSI Disability Case

Will Going To School Affect My Disability Case?

Most likely yes. Going to school is a major factor in a Social Security disability and SSI benefits case as it shows a person's physical, mental, and social functioning. The evaluation of school attendance and performance is different for adults and children. School records will always need to be submitted.

Adults - School And Social Security Disability

Six Factors Social Security Will Consider

General. If you are an adult, and you attend school while your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability case is pending, Social Security will evaluate six factors about your schooling in determining whether you are disabled:

1. School type,
2. Course load/school hours,
3. Attendance,
4. Homework,
5. Grades/program completion/graduation, and
6. Accommodations (this is most important).

School Type. There are three school types - vocational which is mainly physical in nature, brick-and-mortar which is mainly academic, and on-line which is mainly academic and usually limited in scope.

Course Load. If you go to school full time, Social Security will usually find you not disabled. If you attend a vocational school to study something like truck driving, auto mechanics, welding, appliance repair, etc., the effort needed for such schooling is significant both physically and mentally. Attending this type of school full-time demonstrates to Social Security that you have significant physical, social, and mental abilities to perform skilled physical work at the sedentary and light exertional levels and possibly more. If you attend a brick-and-mortar college full-time where you sit in lecture halls, you will demonstrate mental capabilities consistent with skilled work, some social capabilities, and the physical capabilities to perform sedentary work. If you attend on-line classes full-time, you may demonstrate physical capabilities to perform sedentary work, some social capabilities, and mental capabilities consistent with skilled work.

If you go to school part-time, Social Security will evaluate how much physical and emotional effort and how many hours you are dedicating to school to determine if that effort is consistent with full-time work. If your course load is just under full-time, you will have a higher likelihood Social Security will find you not disabled. If you are taking one or two classes, you will have a much better chance of Social Security finding in your favor. But even part-time classes can impede getting disability benefits. For example, you suffer primarily bipolar disorder, depression, and anxiety; you attend two classes at a brick and mortar school; and you argue to Social Security that you are disabled because you have difficulty being around others, concentrating, and maintaining a schedule. If this two-class school effort is successful, your school effort proves you can interact with others, concentrate to perform schoolwork, and be on time and attend classes. Hence, even though your school schedule is minimal, it will demonstrate that your mental health arguments for disability are not strong ones.

Attendance. The longer you attend school, the more likely Social Security will find you capable of work duties. If you have poor school attendance - you come late, leave early, or miss days in total, the less likely Social Security will find you can work, and the same is true if you drop out of school.

Homework. The more homework you have and complete, the more likely Social Security will find you capable of performing work duties. If you have no homework, or help with homework, Social Security will find you less able to perform work duties.

Grades And Program Completion. If you get good grades, Social Security will find you less likely to be disabled. If you get bad grades, Social Security will be more likely to find you disabled.

Program completion is also a significant issue. If you attended school full-time, got good grades, and stopped for reasons other than your medical impairments, or you graduated from school, Social Security will most likely find that you were capable of full-time skilled work while you attended school, and if your medical condition has not changed since your schooling stopped, you are likely capable of full-time work even now. If you stop attending school because of your medical impairment, Social Security will either ignore your failed school attempt or determine that the failed attempt is an illustration that you are actually unable to work. Sometimes Social Security will find that your credibility is improved because you attempted to be productive.

Accommodations. This is the most important issue if you are going to school. From Social Security's perspective, if you have physical, social, or mental limitations, you will need to demonstrate school accommodations. If you are not given accommodations, you are likely not disabled. This is certainly true if school is full-time. Accommodations usually include a note-taker, extra time to take tests or complete homework and projects, taking tests in a private area, sitting in a certain part of the class, and a relaxed attendance policy.

School Records To Get - Adults

Transcripts. You need to get and submit to Social Security your school transcripts which will show where you went to school, when you went to school, your grades (how well you did), and whether you completed the program/graduated. Your transcript will probably not show what type of school you attend, your attendance record, or whether your classes are in-person or online.

School Official Statement. If your attendance is poor, you attend classes on-line instead of in a school building, or you have been given accommodations, you need to get a statement from a teacher or school official indicating the same - Family/Friend/Employer/Teacher Statements.

Family Member/Friend Statement. If you received help from a friend or family member to attend school, complete school work/homework, or complete household/life tasks while you were going to school, get a statement from that person and submit it to Social Security - Family/Friend/Employer/Teacher Statements.

Children - School And SSI Social Security Disability

Six Factors Social Security Will Consider

General. One of the most important factors in your child's pending Social Security disability case is how well your child performs in school because school constitutes a significant amount of your child's time, and school demands more from your child than just about any other aspect of their life. Hence, school is an excellent indicator of your child's abilities or limitations - social, cognitive, emotional, and physical. Social Security will evaluate six factors about your child's schooling when determining disability:

1. School type - brick and mortar or homeschool,
2. IEP (individualized education plan),
3. Special education classes,
4. Accommodations,
5. Attendance, and
6. Grades and testing.

School Type. For children, there are two types of schools - brick and mortar and homeschool. Brick and mortar school attendance does not, in and of itself, make a difference whether your child is disabled. Homeschooling is chosen for a variety of reasons. If your child needs homeschooling because of his or her medical condition, the fact your child is homeschooled is a strong indication of disability because it demonstrates that your child is unable to adhere to the requirements of regular schooling.

IEP. An IEP is an individualized education plan that is established for your child based on your child's medical diagnosis and social, intellectual, and physical functioning. If your child requires an IEP, it will be very important in your child's disability case for several reasons. First, your child, and any disability, will have already been diagnosed and evaluated - by doctors, psychiatrists, psychologists, counselors, teachers, or school staff. Second, determinations about what your child's limitations are will have already been determined. Third, accommodations will have already been implemented. Fourth, in most cases, your child will have already attended school with the accommodations, and how well your child performs with the accommodations will have already been assessed. Any meaningful disability will require a school accommodation of some kind. Accommodations usually include special education classes, tutoring, extra time to complete schoolwork, taking tests under special conditions, sitting in a certain place in the classroom, and relaxed attendance policies.

If your child does not require an IEP, it is difficult to convince Social Security your child is disabled because your child is very likely not significantly limited by a medical condition. In other words, your child's limitations are too minimal to require an IEP.

Accommodations. Accommodations were addressed above in the discussion about IEP's, but children often have accommodations in addition to an IEP - help getting to and from class, extra attention from a teacher, help with social interactions, different activities at recess, etc. If this is the case for your child, you must inform Social Security of the additional accommodations. The more accommodations your child needs, the worse their functioning, and the more likely they are disabled.

Attendance. The better your child's attendance, the less likely your child will be found disabled. Disabilities generally cause absences. Homeschooling attendance is usually more relaxed than brick-and-mortar, and even with homeschooling, if your child has difficulties attending to classes or studies, it is a strong indicator of a disability.

Grades And Testing. How well your child does with grades or national school testing matters. The better your child does, the less disabled they are. That said, if your child received significant accommodations to do well in school or on testing, Social Security will take that into consideration.

School Records To Get - Children

IEP/School-Related Assessments. You must notify Social Security of your child's IEP, and any assessments done by your child's school - physical, psychological, or academic. You should submit IEPs and assessments done during the time your child is alleging disability and also done one to two years before your child became disabled. If you feel your child has been disabled since birth, or since the very first IEPs and assessments were done, submit all IEPs and assessments ever done.

Transcripts And Testing (National Or State). You need to get and submit to Social Security your child's school transcripts which will show attendance and grades. Also get national or state testing as it will show academic achievement.

School Official Statement. These statements are very important. Again, school is a very strong indicator or your child's functioning. A statement needs to written by someone who interacts with your child regularly - usually a teacher or a school counselor as no other person at school will be more familiar with your child's functioning. The statement should discuss your child's functioning with focus on any accommodations and limitations - Family/Friend/Employer/Teacher Statements.

Family Member/Friend Statement. If your child gets help from a parent, another family member, tutor outside of school (perhaps one of which the school is unaware), or a friend to attend school or complete homework, get a statement from that person and submit it to Social Security - Family/Friend/Employer/Teacher Statements.