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Client Story | FRLS wins case for 3-year-old Polk County Girl who had her SSI benefits on the Verge of Ending

November 4, 2024

(POLK COUNTY, Fla.)- A three-year-old girl who has been receiving Supplemental Security Income (SSI) benefits since birth due to complications from premature birth is set to continue her support after a recent favorable decision by the Social Security Administration (SSA). The case, presided over by an administrative law judge, focused on the child’s ongoing disabilities, including Autism Spectrum Disorder and neurological deficits.

The child's mother sought legal assistance from Florida Rural Legal Services (FRLS) after the SSA indicated that her daughter was no longer considered disabled and planned to cease benefits.

The girl, who was born at just 27 weeks gestation, had been in physical therapy for weakness in her left leg and ongoing behavioral and speech issues.

As part of the case preparation, the FRLS attorney who is based at the Lakeland Office received extensive medical records detailing the child's challenges, including severe behavioral problems that resulted in suspension from daycare.

Despite the child meeting criteria for one domain of disability, she did not initially meet the requirements for another. The attorney advised the mother to enroll her daughter in speech therapy to strengthen her case.

In a timely turn of events, the mother reported that the school expected an opening for speech therapy in 2024, providing the necessary evidence for the upcoming hearing. With this new information, FRLS agreed to take on the case.

After a thorough hearing and additional documentation submitted, the judge issued a fully favorable decision. The favorable ruling quashed a potential overpayment of $31,135 that would have begun if the SSA's initial cessation of benefits had been upheld.

The FRLS attorney successfully advocated for the child, ensuring that her SSI benefits would continue without interruption.