Thursday, September 22, 2022

Can My Son Get Disability For Autism

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Finding Records And Documents

Can your Child get Disability Benefits Based on the Autism Disorder.

You will need to have important documents handy during the SSI application process. It is crucial to keep your child’s medical records organized in a care notebook with all your child’s medical and educational paperwork. The Social Security Administration will ask for many of these documents and accepts original documents only.

Here is a partial list of documents and proof to gather. We recommend you read over the full list of documents you may need on the SSI website.

  • Identification and proof of age: your child’s birth record or certificate and their Social Security card or number.
  • Proof of income: payroll stubs, tax returns, and checking account statements for the family or for your adult child.
  • Proof of living arrangements: rent receipt, deed, or property tax bill for the family.
  • Medical records: names of all your child’s medications, names and addresses of their doctors and other medical providers, and medical reports.
  • Education documents: a copy of your child’s Individualized Education Program , names and addresses of all teachers, caregivers and school therapists who see your child.

Once your child is approved for SSI, they will begin getting monthly payments, including back pay, for the months in the waiting period. If you want to learn more, the Social Security Administration has a web page about the application process and your rights.

Ssi If You Are Younger Than 18

If you are under 18, SSI says you are a child and have a disability if:

  • You have a physical or mental impairment or combination of impairments
  • Your impairments cause severe limitations in your daily life, and
  • Your condition has lasted or is expected to last for at least 12 months.

Not everybody with a disability automatically gets benefits. You must also have no other way to pay for basic expenses like food, rent, and utilities. If you are under 18, SSI decides whether you need help by looking at the money you and your parents earn and the resources you and your parents have, including bank accounts, stocks, real estate, and insurance policies.

Note: You can open an ABLE account and over time save up to $100,000 in resources and not have them counted by SSI. Learn more about ABLE accounts.

SSI counts both your income and resources and your parents income and resources when you are under 18 because they expect your parents to pay for your living expenses. This is called parent-to-child deeming.

For example, SSI could look at your parents income and decide to lower your benefits by $200 due to parent-to-child deeming. Instead of giving you a check for $841, they would give you a check for $641.

Almost all children under 18 have benefits sent to a parent or guardian. This person is called a representative payee. Occasionally, persons who are 16 or older can be their own payees, but they must meet strict criteria and prove that they are capable of managing their own finances.

Adult Aspergers Social Security Attorney

If you or a loved one has an Aspergers diagnosis, or any diagnosis for an autism spectrum disorder, they may qualify for Social Security Disability. Talk to an attorney today about filing an application for SSD. If you have already been denied SSD, social security attorney Ken Kieklak may be able to help you appeal Social Security denials. Call 316-0438 today for a free consultation to talk about your options for Social Security.

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If You Are Unable To Manage Your Benefits

Sometimes people are unable to manage their money. When this happens, Social Security should be notified. They can arrange to send benefits to a relative or other person who agrees to use the money to take care of the person for whom the benefits are paid. The person who manages someone elses benefits is called a representative payee. For more information, ask for A Guide For Representative Payees .

Note: People who have power of attorney for someone do not automatically qualify to be the persons representative payee.

Housing Benefit And Help With Council Tax Or Rates

Can I Get Financial Assistance for My Child with Autism ...

If you pay rent and have a low income and savings of under £16,000, you may be entitled to claim Housing Benefit. Some people on a very low income get all their rent paid. Some people who are working or have some savings get some money towards the cost of their rent.

There are various schemes that can reduce the amount of Council Tax that you have to pay. Council Tax Support is a means-tested reduction of your bill. Council Tax discounts are reductions that are not means-tested and depend on who is living in the property. The Disability Reduction Scheme can reduce the bill where the home has been adapted for a disabled person.

In Northern Ireland, you can get means-tested help to pay your rates, and it is also possible to qualify for a non-means-tested disability reduction for adapted properties.

Housing Benefit and Council Tax are administered by local authorities in England, Wales and Scotland. There is more information on the Government’s website. You will need to contact your local authority to apply. In Northern Ireland, its the Housing Executive and Land and Property Services. Visit the nidirect website or call the Land and Property Services helpline on 0300 200 7802.

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What Are Ssis Income And Asset Limits

Income. In addition to being found disabled, your adult childâs countable income canât be more than the âfederal benefit rateâ . For 2021, the FBR is $794 for a single person. Countable income is money that can be used to pay for food and shelter. Countable income may also be âin-kindâ rather than monetary in this case, the value of food or shelter your adult child receives can be counted toward his or her monthly income.

There are also some sources of money that the SSA wonât consider when determining your childâs countable income, for example:

  • the first twenty dollars of any source of money
  • the first $65 she earns from working, plus half of what is leftover
  • the value of food stamps
  • small amounts of money that your child gets every now and then, and
  • medical bills you or someone else pay on behalf of your child.

Resources. To be eligible for SSI, your childâs resources cannot exceed $2,000. Resources are things like cash, land, stocks and bonds, or anything he can use to pay for his food and shelter. The value of the house your child lives in, however, wonât be counted against him as a resource.

For more information on how Social Security counts income and resources, see Noloâs article on SSI income and asset limits.

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Is Autism A Learning Disability

Yes, although autism is mostly defined by its behavioral characteristics, it is fundamentally a learning disability. Even the behavioral aspects can be tied to impaired learning. For example, it appears that the communicative limitations in autism are largely due to impaired learning of communication skills.

The learning disability in many autistic individuals is somewhat paradoxical. Some may be unable to learn in a classroom environment, yet they can successfully memorize a phone book on their own.

Disabled learning has many effects on an autistic individuals ability to function in life. Traditional educational activities are often nearly useless for autistic people. They tend to resist formal teaching, and their behaviors can be disruptive in classrooms. They also have difficulty learning from experiences and may be unable to predict things that are important, such as when a bus will come to pick them up.

Learning to do meaningful tasks, such as those required by a job, may be impossible for individuals with autism. Although many people with autism have learning impairments that are relatively mild, autism is a learning disability with far-reaching consequences for many affected people.

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Your Childs Conditions And Impairments Are Assessed At Steps 2 & 3

The second step of the sequential evaluation process determines if your childs condition is one that the SSA would consider to be severe.

At step two of the process, the Social Security Administration determines if your childs condition can be considered severe. A severe impairment is one that imposes marked or extreme limitations on your childs ability to function. An impairments that is not severe will not cause the individual to experience functional limitations or will cause only slight limitations in activities. If your childs autism condition is considered to be severe by the SSA, then the inquiry will proceed to the third and final step in the sequential process.

At Step 3, your condition is compare to a list of conditions that the SSA refers to as listed conditions. These listed conditions are contained within the appendix of the SSAs Blue Book under Part B for childhood conditions. A mere diagnosis of a listed condition, while useful, is not in itself sufficient to receive childhood disability benefits. Rather one must present longitudinal medical and clinical evidence along with reports of daily living from close associates and family members showing that the individual is affected by a listed impairment like:

  • Catastrophic Congenital disorder
  • Motor dysfunction

Disability Applicants Who Have Serious Difficulty Communicating To Others Impaired Social Conduct And Repetitive Behavior Patterns May Qualify For Benefits

Can an adult with autism receive social security disability benefits?

By Bethany K. Laurence, Attorney

Autism is a developmental disorder that results in impaired social behavior, difficulty communicating to others, and repetitive behavior patterns. The severity of the disorder can vary from one individual to the next. Children who have autism may exhibit the following signs: withdrawing from other people, limited eye contact, a delay in speaking and forming words, repetitive actions such as rocking, and an excessive focus on certain objects. Medical experts diagnose autism by performing neurological, cognitive, and language testing.

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Financial Income Requirements And Disability

Anyone under age 18 applying on his or her own record will only qualify for Supplemental Security Income, or SSI benefits. These benefits are only offered to the most financially needy families. This means that if you or your spouse is earning a high income, your child will not be eligible for SSI due to autism. The good news here is that the bigger your family, the higher your income limits. For example, a single parent with one child cannot earn more than $38,000 and still have a child qualify with autism. A two-parent family of five, however, could earn nearly $60,000. You can find your specific household income limit online.

Financial limitations are the top reason why children with autism are denied SSI benefits. The good news is that once your child turns 18, he or she will likely qualify for SSI regardless of whether your child is still living at home. Once a child is 18 the SSA no longer counts parents income when determining SSI thresholds.

Special Needs Financial Planning Tool Kit

Mapping out the financial future of your child can seem like a daunting task, but having a plan in place can help ease your fears. The Autism Speaks Special Needs Financial Planning Tool Kit was created to provide you with all the information that you need to develop that plan.

The information in the Financial Planning Tool Kit comes from top experts in the field with many years of both personal and professional experience with special needs financial planning. We have also included some personal stories from other parents or caregivers like you.

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Autistic Adults Can Qualify For Social Security Disability

Sometimes it is easy to tell that a person is disabled. A blind person may have a seeing eye dog or cane. An amputee is missing a leg. A person with a bad back may have difficulty sitting or standing for more than a short time.

Some disabilities are hidden or invisible. You cant tell if a person is depressed or diabetic or asthmatic just by looking at him.

Autism spectrum disorder is characterized by difficulties with social interaction and communication and by unusual behavior patterns such as repetitive activities, pervasive interests, and extreme sensitivity to sounds, textures, lights or smells. However, the severity of symptoms can vary, and no two autistic individuals are alike.

This disorder is included in the Social Security Administrations Blue Book of qualifying conditions under Section 12.10, Mental Disorders. Most adults with autism spectrum disorder will not qualify for Social Security Disability Insurance . In order to qualify for SSDI, you must have held a job for the required number of quarters for a person of your age. Since autism is present from birth, an applicant with a significant work history may find it hard to prove that his disorder affects his ability to hold a job. There is an exception: Adults with autism may apply for SSDI as an adult disabled child if a parent is deceased or receiving retirement or disability benefits.

If you do not qualify as an adult disabled child, you will need to apply for Supplemental Security Income.

Qualifications For Autism Ssdi

Can I Claim Disability for My Child with Autism ...

If you qualify meet all of the above criteria, it must also demonstrated that your or your childs autistic disorder also results in at least two of the following:

  • Noticeable restriction of daily living activities. This refers to your or your childs ability to perform basic self-care activities, such as grooming, feeding oneself, and going to the bathroom.
  • Noticeable difficulty of social functions. The Social Security Administration defines this as your or your childs ability to form and keep relationships. Impairment may be demonstrated by physically aggressive acts, social isolation, or becoming mute.
  • Noticeable difficulty of concentration, persistence, or pace. This is identified by your or your childs ability to focus on a specific task, continue performing the task, and maintaining a pace through the task appropriate for age and abilities.
  • Extended difficulty in communicative or cognitive functioning. Based on the age of the person with autistic disorder, a standardized test may be provided to determine communicative or cognitive functioning. This tests for language and speech development and cognitive impairments, such as having an IQ score of 70 or less.

Children may qualify for SSI benefits if the income of both parents is not above the SSI limits. For adults who suffer from autism, you can apply for SSI or SSDI. SSDI in Boston is available to adults who have a work history and have paid Social Security taxes.

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A Child’s Rights For Public Education

Your special needs child has the right to a free and appropriate education. The individuals with Disabilities Education Act , which was first enacted in 1975 and most recently revised in 2004, mandates that each state provide all eligible children with a public education that meets their individual needs.

The Individuals with Disabilities Act was most recently revised in 2004 . The law mandates that the state provide all eligible children with a free and appropriate public education that meets their unique individual needs.IDEA specifies that children with various disabilities, including autism, are entitled to early intervention services and special education. If your child has been diagnosed with a form of autism, the diagnosis is generally sufficient to gain access to the rights afforded by IDEA.

The IDEA legislation has established an important role for parents in their children’s education. You, as a parent, are entitled to be treated as an equal partner with the school district in deciding on an education plan for your child and his or her individual needs. This enables you to be a powerful advocate for your child. It also means that you must be an informed, active participant in planning and monitoring your child’s unique program and legal rights.

What Is A Free And Appropriate Public Education

As described previously, IDEA provides for a free and appropriate education for all children with disabilities.

Each word in this phrase is important, but appropriate is the one that relates specifically to your special needs child. Your child is entitled to an education that is tailored to his or her special needs and a placement that will allow them to make educational progress.Although you and your child’s teachers or therapists may want to provide your child with the best or optimal program and services, the school district is not required to provide the best or optimal but rather an appropriate education. One of the challenges here is working with the school district to determine what is appropriate and, therefore, what will be provided for your child.

This is a collaborative process that may involve considerable negotiation to secure the services from the school.

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If You Receive Other Disability Benefits

Social Security benefits for you and your family may be reduced if you also are eligible for workers compensation or for disability benefits from certain federal, state or local government programs. You musttell them if:

  • You apply for another type of disability benefit
  • You receive another disability benefit or a lump-sum settlement or
  • Your benefits change or stop.

Childhood Disability Benefits For Autism

Social Security Disability for your autistic child

Well show you how adults who were disabled before age 22 can qualify for Childhood Disability Benefits if a parent is eligible to receive Social Security payments through retirement or death.

Dear Benefits Advisor,

My daughter was diagnosed with autism when she was 4 years old. She is now 18 years old and eligible for SSI. Is she eligible to receive SSD based on me and her fathers working and contributions to SSA? If so, what would need to be done to switch from SSI to SSD?

Angie

Dear Angie,

If you or your daughters father is receiving Social Security now or her father is deceased, you can apply for childhood disability benefits for your daughter. If those conditions are not now met, keep her medical records that establish the diagnosis and severity prior to age twenty-two. Later, when you or her father becomes entitled to benefits or dies, she can apply for CDB, assuming that she is not married at that time.

Sincerely,

Benefits Advisor

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