Back to School Disabilities in Florida
Every school year, children learn more, at least theoretically. Every school year, children get sicker. That’s a fact. All serious illnesses are disabling, at least to an extent. These conditions prevent children and adults from enjoying life to the fullest. Some school-related illnesses qualify for Social Security Disability. More on that below.
A Tampa disability lawyer connects disabled people with the resources they need. Severely disabled people need financial help through the Social Security Disability system. Other disabled people need access to different resources. We don’t win every SSD case, but we do win most of them. We can’t help every disabled student, but we can help most of them.
Dealing with Severe Disabilities
Caregivers can usually deal with mild or moderate school-related disabilities by themselves, or perhaps with a helping hand. Severe disabilities are different. Although we use the term “disability benefits,” disabled children are usually entitled to Social Security Insurance benefits. So, eligibility requirements for children are different.
- Financial Need: This rule is similar to the SGA (substantial gainful activity) rule for adult disability applicants. Usually, the family must have less than $2,000 ($3,000 for couples) on hand. Furthermore, the child, if not blind, must earn less than $1,620 a month. Both figures are as of January 1, 2025.
- Medical Condition: The child must have a medical condition, or a combination of conditions, that results in “marked and severe functional limitations.” Usually, the condition or conditions must sharply limit a school-related function (walking, sitting, concentrating, following directions, working with others, etc.) on an almost-everyday basis.
- Severity: The child’s condition(s) must have been disabling or be expected to be disabling for at least 12 months, or the condition(s) must be expected to result in death. Once again, adult SSD matters have basically the same rule.
A state DDS (disability determination services) officer reviews the application, mostly the financial information. Then, the office refers the matter to a doctor who examines the child before making a decision.
Denials are common. Frequently, the DDS officer miscalculates the numbers and/or the doctor misdiagnoses the child.
Other than recalculate the information, a Social Security lawyer cannot do much about financial denials. You qualify or you don’t.
On the other hand, a Tampa disability lawyer can do a lot about medical denials. Usually, attorneys partner with independent doctors who review all medical records as well as examine applicants. IME (Independent Medical Examination) doctors are top-notch physicians who usually charge nothing upfront for their professional services.
Illness Disabilities
In illness cases, the onset date is usually much easier than the filing date. Common school-related illness disabilities include:
- Mental Health: Stomachaches and headaches may be a symptom of anxiety. School can be a source of stress for students, with academic pressure, social dynamics, and bullying all adversely affecting mental health. Support systems and coping mechanisms often effectively manage stress. But that’s not always the case.
- Environmental Factors: School buildings are notorious for issues like mold, dust, and inadequate ventilation. These irritants often exacerbate respiratory problems and allergies. Furthermore, some schools have HVAC issues, leading to uncomfortable and even dangerous temperatures, especially for students with pre-existing health conditions. These environmental factors can contribute to a range of symptoms, including respiratory problems, headaches, fatigue, and difficulty concentrating.
- Infectious Disease: These school-related illnesses often don’t meet the permanency test, but exceptions abound. Contagious diseases, like COVID-19, chickenpox, and strep throat, often spread like wildfire at schools. Once again, infectious diseases are often disabling for people with pre-existing conditions.
If a pre-existing condition contributes to an illness or accident-related disability, in terms of risk and/or severity, maximum benefits are usually still available.
Reach Out to a Diligent Hillsborough County Lawyer
Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced disability lawyer in Tampa, contact Kobal Law. The sooner you reach out to us, the sooner we start working for you.
Source:
nea.org/nea-today/all-news-articles/your-school-building-making-you-sick
