Gardberg & Kemmerly, P.C. Attorneys at Law

Children’s SSI Claims and Asthma

Our firm handles a lot of Children's Supplemental Security Income cases. One of the most common impairments that I see is asthma. Like ADHD cases, children's asthma cases can be hard to win. This is because it is not enough to simply have a diagnosis of asthma. Social Security will look at the severity of the condition and how it affects your child's functioning. For example, an Administrative Law Judge will look to the types of medication your child takes, how often he or she has an attack, and how often he or she needs medical attention. If your child has had severe asthma attacks that required medical attention (for example, a visit to the emergency room) at least 6 times in a 12-month period, he or she may presumptively meet Social Security's Listing for childhood asthma. Your child may also qualify if he or she has required repeated treatment with steroids.

In addition to medical records, school records can add useful information to these cases. For example, your child's doctor may have completed a chronic illness statement or given your child restrictions for participation in PE. Attendance reports may show that your child has excessive absences due to his or her medical condition.

If your child has severe asthma with recurrent attacks, he or she may be eligible for Supplemental Security Income benefits. An experienced Social Security Disability attorney can help you if are pursuing Supplement Security Income Benefits for your child who has asthma.

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