It’s September, which means it’s back to school time. And if your child has a disability which qualifies them for Supplemental Security Income (SSI) benefits, it’s time to update their IEP (Individualized Education Plan). Additionally, you may need your child’s teacher to complete a questionnaire about their challenges at school. While completing these forms does not automatically guarantee that your child will be approved for ongoing benefits, they are valuable pieces of evidence to demonstrate your child’s underlying impairments which qualify them for continuing SSI benefits.
What is an IEP?
The IEP is a legal document which has two general purposes. The first is to set reasonable learning goals for a child, and the second is to detail the services that the school district will provide for the child to help the student achieve his or her learning goals.
Who Needs an IEP?
Kids struggling in school due to various issues, including:
Students with these challenges are often candidates for Individualized Educational Programs.
Why is an IEP Important?
An up-to-date IEP serves several purposes for ongoing SSI benefits. It documents your child’s functional limitations—how well they can concentrate, communicate, and employ basic motor skills. It will specify how their daily activities and learning are impacted by their disability. The document details for the Social Security Administration (SSA) that your child needs and receives specialized therapies and ongoing support. If your child is not improving and struggling in school the IEP can strengthen your disability claim by highlighting these problems.
What Do You Need to Do?
Federal law requires that a child’s IEP must also be reviewed at least once a year to determine whether the plan is meeting its goals and the plan must be revised as needed. Contact your school’s special education department and request a copy of your child’s current IEP and submit a copy to Social Security.
What is a Teacher Questionnaire?
A teacher questionnaire (officially known as Form SSA-5665-BK) is a document Social Security uses to gather educational and behavioral insights about a student receiving childhood SSI benefits. The SSA uses this evidence to evaluate how the child functions in an academic setting compared to their peers.
What Does the Form Cover?
The questionnaire focuses on the child’s day-to-day functioning and asks teachers to compare the student’s abilities to those of same-aged children without impairments. The teacher will evaluate your child’s attendance record; academic performance; their cognitive and communication abilities; their ability to focus on tasks, complete assignments, and follow instructions; and how well they play and/or interact with other students and adults.
Why is a Teacher Questionnaire Important?
While the SSA evaluates SSI eligibility based on your child’s medical and educational records and strict income limits, a major factor in approving disability benefits is evaluating your child’s functional limitations. The observations provided in this questionnaire can provide valuable insight and evidence. The SSA relies heavily on teacher observations because teachers interact with the child daily.
What Do You Need to Do?
Ask your child’s resource (special education) teacher to complete the teacher questionnaire. The Social Security Administration may also request it when reviewing your child’s initial application for benefits, or when it conducts a Continuing Disability Review (CDR). Typically, a CDR for your child’s SSI benefits will be scheduled every three years. You can download and submit a printable version directly from the official SSA forms page.
Children’s Social Security disability cases are often harder to win than adult cases. That’s why most law firms shy away from them. At Nash Disability Law, we are proud of our advocacy on behalf of children and families who need and deserve vigorous legal representation. If we can be of help to your family, contact NDL for a free consultation.