SSI Disability Standards
Some children may fall into an obvious SSI disability category that confirms their eligibility for Title IV-E Adoption Assistance. Premature birth and low birth weight under the age of one year is an example.
Presumptive Disability
Certain Disability Conditions are considered “presumptive” according to SSI regulations. Even though they must be re-evaluated within six months, a child who is presumptively disabled should be able to qualify for Title IV-E Adoption Assistance. The Code of Federal Regulations at 20 CFR 416.934 states:
We may make findings of presumptive disability and presumptive blindness in specific impairment categories without obtaining any medical evidence. These specific impairment categories are— (a) Amputation of a leg at the hip; (b) Allegation of total deafness; (c) Allegation of total blindness; (d) Allegation of bed confinement or immobility without a wheelchair, walker, or crutches, due to a long-standing condition, excluding recent accident and recent surgery; (e) Allegation of a stroke (cerebral vascular accident) more than 3 months
(f) Allegation of cerebral palsy, muscular dystrophy or muscle atrophy and marked difficulty in walking (e.g., use of braces), speaking, or coordination of the hands or arms.
(g) Allegation of Down syndrome.
(h) Allegation of severe mental deficiency made by another individual filing on behalf of a claimant who is at least 7 years of age. For example, a mother filing for benefits for her child states that the child attends (or at-tended) a special school, or special classes in school, because of mental deficiency or is unable to attend any type of school (or if beyond school age, was unable to attend), and requires care and supervision of routine daily activities.
(i) Allegation of amyotrophic lateral sclerosis (ALS, Lou Gehrig’s disease). [45 FR 55621, Aug. 20, 1980, as amended at 50 FR 5574, Feb. 11, 1985; 53 FR 3741, Feb. 9, 1988; 56 FR 65684, Dec. 18, 1991; 67 FR 58046, Nov. 19, 2001; 68 FR 51693, Aug. 28, 2003
Children’s Listing of Impairments
Social Security.gov contains a comprehensive list of child impairment categories used in the determination of SSI related disability. See
https://www.ssa.gov/disability/professionals/bluebook/100.00-GrowthImpairment-Childhood.htm
As you will see, they focus on the how the child functions in age related areas.
Note: Many special needs children will meet the age related function criteria for SSI disability. The county child welfare agency must assess whether a child meets the criteria.
Remember if you are concerned that an SSI Disability "label" will stigmatize your child, SSI Disability is a possible pathway to another program, IV-E Adoption Assistance.
