If you or someone you love has been diagnosed with autism, particularly high-functioning autism, you may wonder if that condition is considered a disability and, if so, whether or not it qualifies for disability benefits.
In certain situations, individuals with high-functioning autism may qualify for disability benefits from the Social Security Administration. Let’s take a closer look at the type of benefits available and what conditions must be met to receive those benefits.
What Types of Benefits are Available?
The Social Security Administration offers two types of benefits to disabled individuals. These include:
- Social Security Disability Insurance (SSDI) Benefits: SSDI benefits are benefits that the Social Security Administration pays to individuals who have a qualifying medical disability that has rendered them disabled for a period of at least one continuous calendar year or more. In addition, these individuals must be “insured,” which means that they worked a job for a sufficient length of time through which they paid a portion of their salary into the Social Security system. Typically, the amount of SSDI benefits paid to an individual is based on the individual’s particular earning history.
- Supplemental Security Income (SSI) Benefits: SSI benefits, like SSDI benefits, are paid by the Social Security Administration to individuals with a qualifying medical disability that has rendered them disabled for a period of one calendar year or more. Unlike the case with SSDI benefits, however, those who receive SSI benefits, need not be “insured”. They do, however, have to have income and resources below a certain threshold established by the Social Security Administration, as these benefits are specifically intended to help low-income individuals.
Although these types of benefits differ in certain important ways, they have important qualifying
conditions in common – the first is that the person seeking the benefits has a “qualifying medical condition.” Understandably, you may be wondering if high-functioning autism falls into that category.
Is Autism a Disability?
As those who are living with autism or caring for a loved one who has autism already likely know, autism spectrum disorder is a lifelong condition that typically appears in early childhood. Depending upon its severity, it is characterized by difficulties in communication, sensory issues, and other complex social and behavioral difficulties. Without question, autism, even high-functioning autism, can significantly impact an individual’s quality of life and ability to engage in day-to-day tasks in a typical way.
While “disabling” can seem like a subjective term, however, to the Social Security Administration, it is a very specific term. The Social Security Administration has a “listing of impairments,” also known as its “Blue Book,” that is typically referenced to determine whether or not a particular disability is a qualifying medical condition. The good news for those struggling with autism is that the Social Security Administration recognizes autism as a disability.
In Section 12.10 of the Blue Book, autism is listed as a mental disorder that qualifies for disability benefits. While this is true, it is important for individuals struggling with autism to understand that it is only one necessary factor considered in the process of qualifying for benefits. In addition to having a disability, that disability must render an individual unable to work for a period of at least one calendar year or more.
Depending upon the level of autism an individual has, he or she may be able to work consistently at a job. If this is the case, qualifying for benefits is unlikely. On the other hand, if the autism can be substantiated by medical records and sufficient evidence that an individual is unable to work, he or she may qualify for disability benefits.
Obviously, each individual has their own unique set of circumstances, whether they are struggling with autism or some other disability. The first and most important step in pursuing benefits is consulting an attorney who knows and understands the law and who can provide advice regarding your particular situation. At Liner Legal, we’re here for you.
Liner Legal – Your Disability Benefit Attorneys
At Liner Legal, we understand that having a disability can feel overwhelming at times. Whether you or a loved one struggles with autism or some other disability, you need and deserve time to focus on caring for yourself and enjoying life with those you love. You don’t need the added pressure of wondering how to assert your legal rights effectively and pursue the benefits you need and deserve. Instead, you can leave those matters to us. When you do, you can rest assured that your claim is in good hands.
Our knowledgeable and experienced attorneys understand every aspect of the law pertaining to disability benefits, and we will always pursue the best strategies on your behalf. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.
