530+ Google Reviews
Autism is considered a medical and legal disability that may allow individuals or their children to recover Social Security benefits to offset medical expenses and lost wages.
If you or your child is facing challenges with securing benefits, a Rutherfordton Social Security disability lawyer can help you determine how to proceed and get the benefits you need.
Understanding Autism
Autism is a condition that includes a wide range of symptoms that impact an individual’s ability to communicate, process, and engage with the people and world around them. Symptoms develop in early childhood, often with signs of communication or social regression between 18 months and two years.
While much is still being discovered about autism, great strides have been made recently. Autism is considered a spectrum disorder and is characterized by communication, social, and behavioral traits.
No two autistic people are alike, but they may share similar attributes. Because it is a spectrum disorder, the severity of the condition may vary widely, and many available services or benefits may depend on the severity of each individual’s symptoms.
The spectrum is divided into three levels, currently separated by support needs. For example, an autistic child or adult who has very limited verbal skills and has strong maladaptive behaviors when dealing with stress may be considered a Level 2. Support needs may include communication tablets with pictures, occupational therapy for sensory needs, and behavior support through ABA therapy.
Autism spectrum disorder (ASD) is diagnosed by qualified medical professionals, including psychologists and developmental specialists. Evaluations review developmental history, interviews with caregivers, and focus on behavioral observation. Once diagnosed, resources and recommendations can be made. It should be noted that support needs may fluctuate as new skills are developed over time.
Autism is a Legally Recognized Disability
Individuals who have Autism spectrum disorder (ASD) are considered neurodivergent with a legal and medical disability. As such, it is protected under the Americans with Disabilities Act (ADA), which prohibits discrimination and ensures that resources and reasonable accommodations are available to improve accessibility in the workplace and online.
In addition to ADA protections, you may also have other rights as an adult with autism. This includes vocational rehabilitation services, Medicaid services, and Social Security benefits.
These programs provide support to offset challenges in securing employment, receiving medical care, and earning enough income to support oneself.
While autism and related conditions may be recognized as a disability, individuals should receive an official diagnosis and keep thorough medical records. Test results, treatment plans, and necessary accommodations and resources can provide the documentation necessary to ensure that you receive the support you need for your condition when pursuing medical or legal programs.
Personal Injury Lawyer Near Me (828) 286-3866
Social Security Benefits May Be Available for Individuals With Autism
Since autism is a disability, it may qualify for Social Security benefits based on severity, which can provide individuals with resources to ease the financial burden in their lives.
Talking to a lawyer can help you understand how to apply for disability in North Carolina. To begin with, review the Social Security Administration’s (SSA) listing of impairments to make sure that you or your child’s conditions meet the criteria for a disability.
Once you have verified your eligibility, submit an application online, by phone, or at your local SSA office. Be sure to apply for the right benefit program and thoroughly answer all application questions to avoid delays or denials. You should also include all applicable information you need to apply for disability benefits along with your application to support your request and ensure fair consideration.
Social Security benefits for children with disabilities may differ from those for adults. Children under the age of 18 may be eligible for Supplemental Security Income (SSI) if their autism and their parents’ financial situation qualify them for benefits.
Additionally, Social Security Disability Insurance (SSDI) is for adults who have had a qualifying condition before age 22.
Autism Eligibility Criteria for SSA Benefits
The Social Security Administration publishes a list of all qualifying conditions for which they will provide benefits. A condition must meet the outlined criteria for an individual to be considered eligible for SSI or SSDI benefits.
Classified in section 12.10 under mental disorders, adults and children must demonstrate and possess documentation of the following for autism spectrum disorder:
- Verbal and non-verbal communication and social interaction deficits
- Restriction of repetitive patterns related to activities, behaviors, and interests
- Extreme or moderate limitation concerning interactions, self-management, or adaptation, challenges maintaining pace, or cognitive challenges
If you or your child meets these conditions and has a documented diagnosis, then you may have the right to pursue benefits under the law.
Navigating the Appeal Process for Denied Claims
Securing benefits for an Autism disability may be challenging at times, and could even result in a claim denial. If you experience claim issues or have your claim denied, you may still have options for recovering benefits.
A lawyer can help you understand the reason for a denial and walk you through your options for appealing the initial decision, and what your rights are throughout the process.
There may be several reasons for a denial of disability claims. A denial could be due to insufficient medical evidence or work credits, errors by the Social Security Administration, or failure to meet the criteria for the condition. If you receive a denial letter, be sure to read through it and show it to your lawyer to understand the reason for the denial. A lawyer can walk you through your resulting options.
With the help of legal representation, you can navigate the appeals process with confidence. To pursue a better outcome, you must submit a request to the SSA for reconsideration, along with new evidence and a reason for your request.
If you receive a favorable decision, you may begin collecting benefits. If it’s denied again, you can file an appeal with a judge, the Appeals Council, or a federal court, respectively.
Consult Farmer & Morris Law, PLLC, Without Delay
Farmer & Morris Law, PLLC, can help you navigate the process of recovering benefits for an autism disability and ensure your claim is not being treated unfairly.
We take your condition seriously and are fierce advocates to ensure you have the resources you need for support. Schedule a free consultation with our firm today to talk through your case.
