DIABETES TYPE 1 & CHILDHOOD DISABILITY

WHAT IS DIABETES TYPE 1?

Diabetes Mellitus (DM) Type 1 is a chronic autoimmune disorder that occurs when the body’s immune system attacks and destroys the insulin producing cells in the pancreas. This leads to a lack of insulin in the body, which is necessary to control blood glucose levels.

Type 1 Diabetes is most commonly found in children and young adults. Although, it can occur at any age. In children, the onset of Type 1 diabetes can occur suddenly and without warning. Also, symptoms may develop rapidly over a period of days or weeks.

Diabetes Type 1 is often confused with Diabetes Type 2. Millions of adults have Type 2 Diabetes or millions more are pre-diabetic. Diabetes can be due to lifestyle issues, such as being overweight and diet, but it can also be due to genetic factors. Learn how to reverse Diabetes type 2.

If you child has Diabetes Type 1, then you should apply for childhood SSI benefits.

SYMPTOMS OF TYPE 1 DIABETES IN CHILDREN

Symptoms of Type 1 Diabetes include thirst, need to urinate, and hunger. It can also include weight loss and blurred vision. Usually, your child will also experience fatigue and low mood. Type 1 Diabetes can shorten the length of life.

Common symptoms of Diabetes Type 1 in children may include:

• Frequent urination: Your child may need to urinate more often than usual, especially at night.
• Increased thirst and hunger: Your child may feel very thirsty and hungry, even after eating and drinking.
• Fatigue or weakness: Your child may feel tired or weak, and may have trouble with focus.
• Weight loss: Despite eating more food, children with Diabetes may lose weight.
• Blurred vision: High blood sugar levels can cause temporary vision changes or blurry vision.
• Irritability or mood changes: Children with Diabetes Type 1 may have mood issues and trouble sleeping.
• Bedwetting: Your child, who was previously toilet trained, may start wetting the bed again.

Type 1 Diabetes can lead to serious issues like ketoacidosis, which is a condition that can cause death and requires immediate emergency medical attention.

Insulin therapy is used to treat Type 1 Diabetes in children. It can be delivered through shots or an insulin pump. Children with Type 1 Diabetes will also need to monitor their blood glucose levels regularly and make changes to their insulin doses based on their readings and other factors such as exercise and diet.

CHILDREN WITH DIABETES TYPE 1 MAY BE ELIGIBLE FOR SSI BENEFITS

The trouble with health care at school is not the only problem in dealing with a child’s health issues. As a parent, you may be wondering if your child with Diabetes Type 1 can receive SSI benefits.

Though 11 million American children have special health care needs, few meet SSI’s strict standards. The reason they do not meet SSA’s rules is either their medical condition isn’t severe enough or the family income exceeds the low income limits of the SSA program. For example, just 1.7 percent of all children receive SSI benefits. To qualify for SSI, a child must have a very serious medical condition, like Diabetes Type 1, that can be shown with medical evidence.

Under SSA listing 109.08, a child who needs daily insulin and has not reached age 6, qualifies for benefits. However, they must also qualify under the income and asset rules. For those who qualify for SSI benefits, it can help parents meet the child’s needs. Additionally, if the child receives SSI benefits, then they can usually also get Medicaid. Find out information about Medicaid benefits.

Cannon Disability Law represents hundreds of individuals seeking SSI benefits for Diabetes Type 2 and Type 1. If you can no longer work due to your symptoms, then call us. We can help you file your application for SSD benefits.

WHAT ARE SSI BENEFITS?

The Supplemental Security Income (SSI) program provides monthly payments to adults and children with a severe mental condition and who also have income and resources below certain financial limits.

SSI payments are designed to give you monthly income to bring you to a certain standard of living when you have a condition that prevents you from working. SSI is a Federal program funded by general taxes (not Social Security taxes). It provides monthly payments to meet basic needs for food, clothing, and shelter. The base monthly federal amount varies and depends on your living situation and income. There is additional information for you in our article, SSI Benefits – What You Need to Know.

Not everyone gets the same amount of SSI benefit. You may get more money if you live in a state that adds money to the federal SSI payment. Similarly, you may get less if you have other income such as wages or Social Security benefits. You may also get less if someone pays your bills or rent. Or, you may get less if you live with a spouse and he or she has income. You might be able to get SSI if your resources are worth $2,000 or less.

CHILDHOOD SSI BENEFITS AND THE FAMILY INCOME

In order to receive SSI benefits, your child’s Diabetes Type 1 must cause marked or severe symptoms. Functional limits from the condition must impact the child’s development in school and at home. You will know if there is a problem if you child is behind other children her age. For example, your child might have low grades, poor test scores, or behavior problems at school. Learn about how the SSA looks at domains of function in children.

To win SSI benefits, the income of the child’s parents must not exceed a certain maximum level. Income comes from your employer or you can own your own business. It can also include child support payments and other sources of income. You must check with the SSA to figure out if your family meets the income and asset rules. You cannot simply assume that you fit their rules, because the rules are complex.

The SSA looks at the income of all of the people in your house on a monthly basis. Also, the SSA requires you to report any changes in income. This helps them determine whether or not you continue to qualify for SSI benefits. For further information about the income and asset rules for SSI, contact our law firm.

THE DIFFERENCE BETWEEN SSI AND SSDI BENEFITS

Supplemental Security Income (“SSI”) benefits are different than Social Security Disability (“SSD”) benefits. SSI benefits are a an addition to SSD benefits and they are paid to you if your monthly SSD benefit is a low amount of money.

However, you or your child can also receive SSI for ODD if you have never had a job or if you have only worked for a short period of time. In order to win SSI benefits you must meet SSA’s rules. SSI benefits also come with Medicaid benefits. Medicaid is an insurance benefit that pays for your visits to the doctor.

However, you must also qualify by not having significant assets (a cabin, a boat) or money (more than $2000 saved in the bank). The financial rules that govern SSI are complex. Therefore, you need the help of an SSI benefits attorney to help you understand if you can get SSI benefits. Our office is in Salt Lake City, but our attorneys can help you wherever you live.

Many parents wish to qualify for SSI benefits simply to obtain Medicaid. This makes sense considering that medical bills cost so much. Unfortunately, in order to qualify for Medicaid you usually must also qualify for SSI benefits. However, this is not true in all circumstances, so make sure that you apply for Medicaid. If you qualify for even one dollar of SSI benefits, then you usually receive Medicaid too.

OUR ATTORNEYS WILL ANSWER YOUR SSI QUESTIONS 

The lawyers and staff at our SSD law firm can help you file your application for SSI benefits online at Social Security’s website.  Usually, we can tell you over the phone if  your child has a good chance of winning  SSI benefits.  Call us. Or, fill out our contact form and we will answer your questions for free about SSI benefits.

If you want to win SSI benefits, then you need to take the first step and call us now. Hire our experienced team of attorneys to help you with your case. Your child will need to go to the doctor or another treating medical source to prove they deserve benefits. If they have Diabetes Type 1, then it is best that they see an endocrinologist. Learn about endocrine conditions and SSD benefits.

Medical records are the information we will need to prove to the SSA that your child meets SSA’s rules. Don’t worry. Your job is to take your child to the doctor and get treatment for Diabetes Type 1. We will help you collect the medical records you need to prove you deserve SSI benefits. You can learn if your child can get benefits based on your earnings record.

HOW TO WIN SSI BENEFITS WITH DIABETES TYPE 1

In order to win benefits, your child’s Diabetes Type 1 can meet or equal the childhood SSA listing 109.08, as long as the child is below the age of 6.

SSA Listing 109.08 is only for children with DM Type 1 who have not reached age six and who require daily insulin.  For all other children (children with DM Type 1 who are age 6 or older and require daily insulin, and children of any age with DM who do not require daily insulin), the SSA follows their rules to determine whether the Diabetes Type 1 is severe.

Severity can occur either alone or in combination with another medical condition. The child’s Diabetes Type 1 can meet or equal the listing in another body system. Finally, your child can win SSI benefits if their Diabetes Type 1 equals the listing. Learn about SSA’s rules for children.

The management of Diabetes Type 1 in children can vary from day to day. All children with Diabetes Type 1 require some level of adult care.  For example, if a child age 6 or older has a medical need for adult care 24 hours a day, for insulin treatment, food intake, and physical activity to ensure survival, then the SSA will find the child’s Diabetes equals the listing based on this example.

SOCIAL SECURITY RULING 14-2P

In 2014, the SSA released Social Security Ruling 14-2p. SSR 14-2p tells the judge how to look at diabetes in children and adults.  The Ruling discusses the two types of diabetes: Type 1 (found in children) and Type 2 (adult onset – which is often coupled with obesity or caused by genes).

In order to win benefits for Diabetes, the disease must affect other body systems.  For example, if a person has had an amputation due to Diabetes, the SSA will look to listing 1.00. The SSR lists the following body systems affected by Diabetes. It also points the judge to other listings as follows:

• Amputation under the musculoskeletal system (1.00).
• Diabetic retinopathy, under the special senses and speech listing (2.00).
• Hypertension, cardiac arrhythmias, and heart failure, under the cardiovascular system listing (4.00).
• Gastroparesis and ischemic bowel disease under the digestive system listing (5.00).
• Diabetic nephropathy, under the genitourinary listing (6.00).
• Slow-healing bacterial and fungal infections, under the skin disorders listing (8.00).
• Diabetic neuropathy, under the neurological listing (11.00).
• Cognitive conditions, depression, anxiety, and eating disorders, under the mental listing (12.00).

FAMILY SHOULD BE ABLE TO GIVE MEDICATION AT SCHOOL TO CHILD WITH DIABETES TYPE 1

One of the main problems with having Diabetes Type 1, is that the child may often need to manage insulin during school. In Utah, recently, the Watkins family filed a lawsuit against the Jordan School District for denying their son “his right to attend school with his peers for an entire school year.”

The New York Times reports that the boy, referred to as K.W. in the lawsuit, is one of about 167,000 Americans under 20 who have Type 1 Diabetes. This number of children with diabetes comes from 2009 data from the Centers for Disease Control. Therefore, there are more children with Diabetes today.

Typically, school officials have trained personnel who give routine insulin shows at school. The Watkins family wants to draw their child’s insulin shots themselves. They are even willing to go to school to give their son his shots. However, the school district won’t allow it.

The New York Times states the Watkins family struggle with school officials in handling K.W.’s diabetes are not unusual. In 2019, the Department of Education’s Office for Civil Rights received 38 complaints regarding how school districts handle diabetes cases in the USA.

WHAT WE DO TO HELP YOU WIN SSI BENEFITS FOR DIABETES TYPE 1

You do not need to apply for SSI benefits for Diabetes Type 1 by yourself. You can always call our law firm and we will help you win SSI benefits. There is no charge to call us. We can help you file your SSI application. Also, we can help you appeal every SSA denial. For example, our attorneys and staff can:

• Send you the paperwork you need to become our client
• Help you file your application for SSD and SSI benefits
• Inform the SSA they should pay your benefits under the Compassionate Allowance Rules
• Request an appeal if you receive an initial denial from DDS
• Help you confirm your SSA doctor exam
• Request a Hearing with an Administrative Law Judge (ALJ)
• Prepare you to testify at your SSA hearing
• Represent you at your hearing and question the expert witnesses
• Read about job expert testimony
• Learn about medical expert testimony
• Request review of an SSA decision with the Appeals Council
• Request review of an Appeals Council denial in Federal Court

If you file your application for benefits online at Social Security’s website, then you have 6 months to complete it. Once you submit your application online, the SSA sends you an application summary in the mail. You must sign the summary and mail it back. If you don’t send it back, the SSA will not process your SSI application. Sign it and send it back as soon as you can.

OUR LAWYERS CAN HELP WIN SSI BENEFITS FOR DIABETES TYPE 1

At Cannon Disability Law we can help you apply for benefits. Also, we can help you appeal an SSA denial. Likewise, we can represent you in court at your Social Security hearing. We will help you testify in your case about your illness.

If necessary, we can also appeal your case to the Appeals Council. Additionally, we file appeals in Federal Court. Finally, we can represent you where you live. For example, we can represent you if need an SSI attorney in Utah or Nevada. Read about Utah SSD benefit information. Additionally, we can help you if you live in Idaho, Colorado, or California. California SSD benefit information is also available.

Your ability to receive Medicaid benefits depends upon whether you win your SSI claim. In order to fight SSA’s denials, you need a lawyer. Hire us. Dianna Cannon has been helping people win SSD benefits for over thirty years. Brett Bunkall and Andria Summers also have many years of legal experience. Together, we have won over 20,000 SSDI and SSI cases. You can trust us. We will do everything we can to win your Diabetes Type 1 benefits.