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  #1  
Old 05-26-2000, 12:20 PM
not a lawyer in PA
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Is it true that all students designated special ed (or, "special needs") receive Social Security? Only heard this yesterday with no time to search Domestic Relations, PA/Fed guidelines. Thanks!
  #2  
Old 05-28-2000, 10:23 AM
BAC
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No, it is not true that ALL designated special ed and/or special needs students receive Social Security.

I believe you are talking about Social Security Disability. First of all, you have to go to the Social Security office and apply for disability for the child. Then the Social Security Office has to determine whether or not the child even "technically" qualifies. To qualify for Title II benefits, you will have to apply based on $$$ the child's parent(s) have paid into the Social Security system. If the child's parent(s) have not paid into the system, they are not eligible for Title II. To qualify for Title XVI benefits, the child's parent(s) must have income and resources BELOW a certain level. If the parent(s) have income and/or resources above the established level, they automatically DO NOT qualify. If the child does qualify based on the above, the application is then sent to Disability Determination Services. DDS will gather medical and other pertinent information about the child to determine whether or not he/she is eligible. There are strict guidelines that are used to make such a determination. I work for DDS, and I can tell you that just because the child is in special ed, it does not mean that he/she will be allowed benefits, i.e., it's not an "automatic" allowance. Factors such as the child's IQ, daily living activities, etc., will be considered.

Hope this information is helpful to you. Good luck!
  #3  
Old 05-31-2000, 12:06 PM
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Thanks for the reply. You were very detailed. In the meantime, I found SSI info that stated behavioral problems are no longer considered/factored in for renumeration.

The young person I was thinking of was designated Special Education because of behavior problems and non-attendance of school.

Again, thank you for your courtesy and your response.
  #4  
Old 05-31-2000, 08:39 PM
BAC
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But that is not true. Behavioral problems ARE considered. An individual could have behavioral problems because of a personality disorder, depression or a number of other things. Don't give up so easily. If you pursue it, Disability Determination Services will probably send the child to a psychologist or a psychiatrist, and he or she will be able to find out if there is an underlying disorder that causes the behavioral problems, and if so, the child might be eligible for the benefits.
 



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