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Can Having a Learning Disability While in School Affect My Social Security Claim?

Individuals pursuing a claim for Social Security disability benefits should know that the Social Security Administration (SSA) is trying to determine your overall employability, not just your ability to maintain employment in an occupation you had prior to filing for disability. If an individual had learning disabilities while in school or was in special education classes, the records may help meet certain SSA listings for being found disabled.  Examples of what SSA would need from your school records would be any IQ scores and any evidence that demonstrates an impairment that limits the ability to work.

The reason these records have to be considered to be found disabled is that certain learning disabilities, depending on the severity, can have a direct affect on the applicant’s ability to concentrate, pay attention, stay focused and on task, remember instructions, and solve complex problems–all of which are necessary to sustain employment.  With a severe learning disability, the applicant’s overall employability will be more limited.

However, people should realize that several schools and educational departments destroy records five (5) years after your graduation (or departure, if you dropped out of school).  Although this purging does not affect your transcripts, your learning disability or special education records are usually destroyed. We suggest obtaining a copy of your school records when graduating or leaving school in the event they are needed in the future.

If you have additional questions about Social Security disability benefits, feel free to contact us anytime at 877.526.3457. We have an experienced team of West Virginia Social Security disability attorneys, and one of our representatives will be happy to answer your questions. Or if you’d prefer to contact us online, please fill out this form and we will respond to you shortly.

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Jan Dils, Attorneys at Law

Jan Dils, Attorneys at Law
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