Can Autistic Adults Qualify for SSDI?

July 11, 2023

By Steve Fields
Principal Attorney

It’s common knowledge that Social Security Disability Insurance (SSDI) is available for those who have a physiological condition that makes it impossible for them to return to work or retain any kind of employment. However, is SSDI also available for Autistic adults?

There are many psychological illnesses, neurological disorders, and developmental disorders that SSDI considers disabling enough to qualify for SSDI. This also includes Autism Spectrum Disorder (ASD), and the terms of eligibility remain the same.

Keep reading below as we provide more information about SSDI and Autism.

What is Autism?

Autism spectrum disorders are a broad category of neurological and developmental conditions that impact cognitive ability. There are a wide variety of ASDs, each of which can have a profound impact on a person’s behavioral, social, and communicative abilities. 

Diagnostic criteria for ASDs in the DSM-5-TR are based on an individual’s performance in two areas: (1) limited interests or repetitive behaviors; and (2) communication.

The DSM-5-TR is the bible for mental health practitioners in the United States. DSM-5-TR, short for “Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision,” is the most popular abbreviation used when referring to this book.

The Autism Spectrum Disorders include the following five conditions: 

  • Asperger’s Syndrome (AS)
  • Rett Syndrome 
  • Kanner’s Syndrome, also referred to as Classic Autistic Disorder
  • Pervasive Developmental Disorder-not otherwise specified (PDD-NOS)
  • Childhood Disintegrative Disorder

Asperger’s Syndrome (AS)  

What is currently known as Level 1 ASD was previously known as Asperger’s syndrome. Young people with Asperger’s Syndrome (or Level 1) are able to communicate and do well academically, but they struggle to build meaningful relationships with others. 

People with Level 1 ASD often exhibit rigid and routine thought and action patterns.

Rett Syndrome   

Rett syndrome is another kind of ASD that primarily affects females (1 in every 10,000 females). Symptoms of Rett syndrome, such as the loss of previously learned abilities or the failure to reach developmental goals, typically appear in infants and toddlers between the ages of 6 and 18 months.

Recent research has shown that mutations in the MECP2 gene can cause a spectrum of conditions, including Rett syndrome. 

It has been determined by researchers that a duplication of the MECP2 gene on the X chromosome is the hereditary cause of the neurological condition known as Rett syndrome. The negative effects of Rett syndrome on a child’s development are well-documented.

Kanner’s Syndrome   

Kanner’s Syndrome is often referred to as classic Autistic Disorder. Although children with this disorder often seem focused, intelligent, and bright on the surface, they may actually be struggling with a variety of issues, some of which are: 

  • Erratic speech 
  • Interpersonal and communication problems
  • Inability to create meaningful relationships with others 
  • Excessive need to handle things 
  • Superior abilities in visual learning and memorization but severe deficits in other areas of academic development  

Pervasive Developmental Disorder-Not Otherwise Specified (PDD-NOS)   

Children whose behavioral and learning issues do not fit neatly into any other type of ASD are diagnosed with Pervasive Developmental Disorder—Not Otherwise Specified. 

Individuals with “milder” symptoms than those often associated with ASD are diagnosed with PDD-NOS, but they are nonetheless considered to be on the Autism Spectrum.

Childhood Disintegrative Disorder or CDD

Another rare condition known as Childhood Disintegrative Disorder was brought under the umbrella of autism spectrum disorder in the DSM-5. 

Although the precise age at which CDD develops in a child can vary from case to case, the condition is most frequently identified and diagnosed between the ages of 3 and 4 in children. 

However, CDD can affect kids of any age up until the age of 10. CDD is characterized by a regression toward earlier developmental levels in areas including language, motor abilities, and social functioning, which makes sense given the disorder’s later onset compared to other ASD diseases.

Can Autistic Adults Qualify for SSDI?

An adult with autism can file a claim for Social Security Disability Insurance benefits. But to qualify for SSDI, one must have previously held employment that contributed to Social Security. 

There is one exception: individuals over the age of 18 who were diagnosed with autism before reaching 22 and whose parents are receiving Social Security retirement or disability benefits are eligible for disability benefits based on their parent’s earnings records.

Adults who do not have a sufficient employment history or who do not have a parent who gets Social Security payments are not eligible for the Supplemental Security Income (SSI) program. They need to have a low income and few assets to be eligible for the program.

Disability Benefits for ASD: Adults vs. Children

Both children and adults are at risk of developing autism. In accordance with the Social Security Act, a child under the age of 18 who has autism and whose family has a low income and few assets may be eligible for Supplemental Security Income (SSI) benefits. If you’re 18 or older and diagnosed with autism, you could be eligible for SSDI benefits.

Children with Autism

A child with autism might be considered impaired in two different ways. Firstly, the child’s condition may meet the criteria for the SSA’s Listing of Impairments for children with Autism Spectrum Disorders (Listing 112.10) (described below). 

Second, the child’s autism may “functionally equal” the autism disability classification if it severely or extremely restricts the child’s capacity to function.

The Social Security Administration recognizes the results of the Cattell Infant Intelligence Scale, the Revised Stanford-Binet, and the Bayley Scales of Infant Development as proof of impairment. 

The SSA will go through academic records for older kids (ages 6 to 12). Academic assessments include the Wide Range Achievement Test—Revised and the Peabody Individual Achievement Test. 

The Social Security Administration will recognize a serious limitation if the test result is two standard deviations below the normal range.

Adults with Autism

An adult with autism might be considered impaired in two different ways. The adult may qualify for the autism listing for adults (listing 12.10), which is identical to the listing for children. Alternatively, an “adult medical-vocational allowance” may be available to an adult with autism.

The Social Security Administration will look at medical evidence such as results from intelligence tests that include the Wechsler series, the Test of Nonverbal Intelligence, the Leiter International Performance Scale, and the Peabody Picture Vocabulary Test, Third Edition.

How to Apply for SSDI With Autism

If you or someone you know has autism and wants to apply for SSDI, you must gather as many relevant medical records as possible. The greater the quantity and quality of supporting medical evidence, the stronger your disability case will be.

Furthermore, statements from relatives, close companions, medical professionals, educators, and caregivers can be useful in supporting the claim that the child’s or adult’s autism hinders them from being able to care for themselves or engage in and respond correctly to daily situations, interactions, and activities.

If you are applying for SSI, you will also require financial records due to the financial requirements of the program. 

Paycheck stubs, benefit statements, bank statements, and any other paperwork confirming the presence of a financial need are all acceptable. When filing for Social Security Disability Insurance (SSDI), you’ll need proof of prior earnings to calculate your monthly benefit amount.

When you’re ready to fill out an SSDI application, you’ll need to make an appointment at a nearby Social Security Administration office. The Social Security Administration’s toll-free appointment line is 1-800-772-1213.

Applying for SSDI can be done either online or in person, depending on your preference. Whether you submit your application in person or online, you must include copies of all the supporting documentation, including medical records, in case your application is selected for further review. Applying for SSDI is a lengthy process, and all required documents must be in order. 

Can Autistic Adults Qualify for SSI?

If you don’t get Social Security Disability Insurance, you can try to get Supplemental Security Income instead. Applicants seeking Supplemental Security Income benefits for autistic spectrum disorder must demonstrate financial need and a serious impairment in their ability to earn due to the condition.

Medical records confirming the following are required for SSI eligibility under disability listing 12.10:

  • You struggle to communicate with others.
  • You struggle with both verbal and nonverbal communication as well as creative activities.
  • You are only interested in a limited number of activities and hobbies.

You’ll also need to show proof that you’re severely impaired in at least one of the following areas of cognitive functioning, or that you have mild impairment in two of the following areas:

  • Comprehending, retaining, or using information
  • Engaging in conversation
  • Focusing, or keeping up the pace
  • Self-management or adaptation

You should also include records of any further physical or mental health problems.

Conclusion

In short, many autistic people who find their condition disabling enough to not let them retain employment may qualify for disability benefits. With enough evidence and documentation, they can surely build a solid case for themselves.

Author

Steve Fields is the founder and managing attorney at Fields Law Firm. Since founding the firm in 2001 he quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares.

Together with his experienced team of legal professionals, Steve ensures clients win their case, maximize their recovery while also looking out for their long-term interests, all backed with the firm’s Win-Win Guarantee®.

Fields Law currently handles cases for Personal Injury, Workers’ Compensation, Long Term Disability, Social Security Disability and Consumer Rights and has grown to be one of the largest injury and disability law firms in the nation.

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