Intelligent, Aggressive Representation For The Injured And Disabled

Attorneys Gardberg & Kemmerly
Photo of attorneys Jonathan P. Gardberg and Colin Edward Kemmerly

Because low birth weight infants may experience problems related to their prematurity and associated perinatal complications, the Social Security Administration has made low birth weight a criteria for disability of a child under Supplemental Security Income. In doing so, the Social Security Administration recognized that the lower an infant’s birth weight, the greater the likelihood and severity of problems the infant might suffer in the future. Such problems may require lengthy initial hospitalizations or can result in long-term complications involving the infant’s growth, developmental patterns, physical health, and age-appropriate functioning.

Under Listing 100.04, an infant’s weight is evaluated from birth until the infant reaches the age of 1. The Social Security Administration will look at the infant’s birth weight and gestational age. Birth weight is defined as the first weight recorded after birth. An infant’s birth weight is that weight which was documented in an original or certified copy of the infant’s birth certificate or by a medical record signed by a physician. Gestational age is the infant’s age based on the date of conception as recorded in the medical record. 1 pound is equal to 453.59 grams.

To qualify, the infant’s birth weight must be less than 1200 grams or correlate with the following chart:

Gestation Age (in weeks) Birth Weight
37-40 2000 grams or less
36 1875 grams or less
35 1700 grams or less
34 1500 grams or less
33 1325 grams or less
32 1250 grams or less

 

If your infant was born with a low birth weight, he or she might be eligible for Supplemental Security Income benefits. To learn more about the potential disability benefits available for your child, contact an experienced Social Security disability attorney at Gardberg & Kemmerly, P.C. at 251-343-1111. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.

 

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