help, ss benefits for my 4 yr old

[chuckii22]

What is the name of your state? Illinois

Can someone please help me?! I have applied for my son to get ss benefits in 2001 and have appealed their decision 3 times and now we are going to court in a few weeks. They sent info stating that the injury has to resulted in "marked and severe functional limitation". He has a birth injury called brachial plexus and herb's palsy. He had no movement at all in his arm for the first few months of life. Gradually the movement has improved tremendously. However, he did have to have surgery to correct the positioning of his hand last april. The arm does stay in a noticable position that it has had some trauma and he is scarred. He can do most everyday activities now but still cannot turn hand upside down to show inside or wrist and keep to his side while lifting (as if doing curls with a weight). he still has problems but would anyone think i have an honest chance of fighting this with his improvement? thanks

 

[Thomas234]

I am sorry to hear about your son, don't give up yet. It sounds to me when you say you are going to court in a few weeks, what you are really doing is going before an Administrative Law Judge (ALJ). Correct? It also sounds like you don't have an attorney? So be it, just go in and be honest.

I am not an attorney, and know nothing of your son's condition. However, just because he has improved NOW, does not automatically mean he is not entitled to past benefits. In other words, the ALJ may decide that he is not disabled today, but he was six-month, or 2 years ago. If so, he should get retro benefits.

Remember the ALJ gets to hear from you and your son in person, unlike the Disability Determination Services office that denied him previously. It is my opinion that many of these folks are incompetent and couldn't care less about you. The Administrative Law Judge may see things differently. I wish you the best of luck with your claim, and hope you son continues to improve!