Legal Services Prevails on Improper Denial of Child’s Disability Claim

Albert*, a 12-year-old receiving disability benefits, obtained notice that his benefits would be terminated due to alleged medical improvement.  Albert’s mother, Carmen*, who is also disabled, attempted to represent her son through the disability process and was eventually referred to Legal Services.  Our office agreed to investigate the matter and discovered that the Social Security Administration failed to consider a significant incident in school, as well as the school’s own behavioral evaluation and reports.  A thorough review of medical and school records revealed significant limitations in maintaining focus on tasks and in social skills.  Moreover, they revealed that Albert’s limitations and symptoms were similar when last found to meet disability criteria to those after the date of alleged medical improvement.   

Legal Services Advocacy Director Jose Fons represented Albert at a hearing and was ultimately successful in arguing that Albert’s medical conditions had not improved, that the medical evidence demonstrated the conditions still met disability criteria, and that benefits should continue.  Subsequently, the Judge issued a fully favorable decision finding that Albert continued to meet the Social Security disability criteria for minor children.

As a result of our efforts, Carmen will continue to receive benefits for her son and the family did not lose any of the disability income they rely on.  Moreover, Albert continues to be eligible for Medicaid insurance to cover his various medical and therapy appointments.

Legal Services advocates to protect the rights of children with disabilities, so they can have a brighter future. 

If you have questions on legal issues pertaining to disability benefits, please contact our office. To apply for services, click HERE or call 305-576-0080.

 *Client’s name changed to protect confidentiality.