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1991.02.11 :  SSI Disability Determinations for Children

Contacts: Phil Gambino or Frank Battistelli (301) 965-8904
(Baltimore, Md.)
February 11, 1991

       HHS Secretary Louis W. Sullivan, M.D., today announced the
publication of new regulations that make far-reaching changes in
the way the Social Security Administration evaluates disability
in children applying for benefits under the federal, needs-based,
assistance program called Supplemental Security Income.
       "These new rules greatly enhance the protections we can
provide to some of our most vulnerable citizens--children with
disabilities," Secretary Sullivan said.  "They will ensure that
needy children with severe disabilities receive the SSI payments
for which they are eligible and the critical medical coverage
that often accompanies receipt of SSI through eligibility to the
Medicaid program."
       The new regulations are the result of the Supreme Court
decision which addressed how SSA determines eligibility for SSI
benefits for children under age 18.  Currently, the SSI program
provides cash assistance totaling about $121 million each month
to some 312,000 disabled children from families with limited
income and resources.
       The Supreme Court found that SSA's prior regulations used
a narrower test for evaluating the disabilities of children than
for adult workers because they required children to have
impairments that were either in a specific listing of impairments
or were medically equal to those that were listed.  In
comparison, adults who had impairments that did not meet or equal
a specific listing could still be found disabled based on a
review of their work-related functional capacities and
consideration of the vocational factors of age, education and
work experience.
       The court said that SSA should also assess each individual
child's ability to function when deciding if the child is
disabled.  The court noted that, although the adult vocational
factors would not apply, the child's ability to function can be
determined by looking at the impact of the impairment on his or
her everyday activities and comparing them to the normal
activities of other children in the same age group.

       "These new rules are a thorough, comprehensive effort that
will bring SSA's evaluation of childhood disability cases into
line with state-of-the-art practice in pediatric and adolescent
medicine and intervention," Secretary Sullivan said.

       The new regulations are effective immediately, and replace
SSA's prior rules for deciding disability in SSI childhood cases,
including an interim standard that SSA has used since May 1990
under a court agreement.  The regulations were developed with the
assistance of experts representing a wide range of areas in the
assessment of child development and childhood disability.  In
addition, SSA sought input from, and shared and exchanged ideas
with, childhood disability advocates and representatives from
interested organizations.

       "These rules do not merely follow the letter of the
Supreme Court's decision by providing for individualized
functional assessments of children applying for disability
benefits, they also embody the spirit of the decision--to provide
rules for children that are equitable to the rules for adults,"
Secretary Sullivan said.  "They clearly demonstrate the real
concerns we all share at the Department of Health and Human
Services for the health and welfare of our nation's children."


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