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June 8, 2018

Autism and Social Security Disability Benefits

As an Indiana Social Security Disability Attorney, I have noticed an increase in the number of children and young adults diagnosed with Autism.  My office takes great pride in helping these individuals get the benefits they deserve.  Preparing these claims for the Social Security Administration (SSA) usually takes a focused approach to show an Administrative Law Judge (ALJ) the severity of this condition.  This blog will briefly outline some of the information I believe is important in proving a claim for an individual who experiences Autism. The good news is that the SSA does recognize Autism as a disabling condition.  In the SSA’s Listing of Impairments, Autism is covered under Listing 112.10 for children and 12.10 for adults.  Using these guidelines, a Social Security disability lawyer can craft arguments to help show the person qualifies for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  Many times, a Medical Source Statement may be obtained by a treating source showing that the applicant meets these criteria. Through years of representing those with Autism, I have noticed many common symptoms that are considered severe by the SSA.  These can include, but are not limited to: Social impairments Communication impairments Heightened sensitivity to noise, food, clothing, etc. Repetitive behaviors Other medical conditions linked to Autism This brief list is not intended to be all inclusive because Autism is on a spectrum, and the symptoms may vary in severity and existence from individual to individual. The ability to function may also vary greatly from person to person so, as an attorney representing children or young adults with Autism, it is very important to identify which symptoms are the most severe. When preparing clients for a disability hearing, I try to ask as many questions concerning their disability to find out what aspects … Continued

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January 8, 2014

Can I Receive Social Security Disability Benefits for Autism?

In my Indiana Social Security disability practice I am seeing a growing number of cases involving autism. Autism is a developmental disorder that is usually diagnosed within the first three years of a person’s life. It mainly hinders an individual’s communication and social interaction skills. Both children and adults can receive Social Security disability benefits for autism. Autism is diagnosed based on the patient’s behavior. According to many medical sources an individual must display at least six symptoms to be diagnosed as autistic. Of these six symptoms two must be impairments in social interaction, one must be an impairment in communication, and one must be restricted and repetitive behavior. Some examples of these symptoms include: not making friends with children of the same age, problems starting or participating in conversations, and insisting on always taking the same route to a destination. Autism is classified as a pervasive developmental disorder (PDD). Autism and other PDDs are defined by irregular social interactions and communication as well as very limited interests and highly repetitive behavior. PDDs are not characterized by any emotional problems, sickness, or fragility. Social Security defines adult autism in its Listing of Impairments under section 12.10 – Autistic Disorder and Other Pervasive Developmental Disorders. The Social Security Administration (SSA) requires two types of evidence to show that a claimant meets this listing. First, the claimant must demonstrate medical findings to support his or her diagnosis. Second, the claimant must show a certain level of impairment in functioning. Below is the listing for adult autism from the SSA’s Listing of Impairments. Medically documented findings of all of the following: Qualitative deficits in reciprocal social interaction Qualitative deficits in verbal and nonverbal communication and in imaginative activity Markedly restricted repertoire of activities and interests Resulting in at least two of the following: … Continued

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September 27, 2012

Autism and Child Social Security Disability Benefits

One of the most rewarding parts of my job as a disability lawyer is helping disabled children and their families get the benefits they deserve.  After hearing about the daily struggles  families face when they have disabled children, it is hard not to take a personal interest in their cases.  I believe a larger percentage of my practice is made up of Supplemental Security Insurance (SSI) claims involving children than in the practices of many of my fellow Social Security disability attorneys.  In fact, sometimes other attorneys refer children’s cases to me because they simply do not handle children’s disability claims.  I have noticed that more and more of my child clients have been diagnosed on the autism spectrum, and I have found that many of these cases have unique issues that must be addressed in order to enhance the chances of a favorable outcome. The Social Security Administration (SSA) uses six “domains” of functioning to determine how a child’s daily living is affected by the child’s disability.  These domains are: Acquiring and using information Attending and completing tasks Interacting and relating with others Moving about and manipulating objects Caring for yourself Health and physical well-being. A child is considered disabled if the child either has “marked” limitations in two of these domains, or “extreme” limitations in one of them. I have found that many autistic children have extreme limitations in interacting and relating with others.  Individuals with autism may have difficulty holding simple conversations with others, suffer from language difficulties, or repeat words or phrases (echolalia).  I have noticed many of these children do not have the ability to recognize the simple social cues most of us take for granted.  In my experience, most of these kids are smart, and I mean really smart, but their inability to interact … Continued

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