Exploring SSDI for Autism Spectrum Disorders

December 7, 2023

By Steve Fields
Principal Attorney

Autism Spectrum Disorder (ASD) is a complex condition that presents challenges in social interaction, communication, and repetitive behavior patterns. The severity of these symptoms can vary significantly from person to person. While some individuals with autism are able to work, others may require additional support.

If autism prevents an individual from maintaining employment, they may be eligible for disability benefits. The Social Security Administration (SSA) recognizes autism as a mental disability, and it can be a qualifying condition for disability benefits, provided it meets certain criteria.

This article aims to guide individuals with autism, their caregivers, and anyone interested in understanding the process of applying for Social Security Disability Insurance (SSDI) benefits for individuals with autism. We will explain the eligibility criteria and the support available to help navigate this journey. 

Autism Overview

ASD (or autism) is a complex developmental condition that typically emerges in early childhood. It is observed to be four times more likely in males. 

ASD manifests in a multitude of ways and is characterized by a broad array of behaviors, such as repetitive activities, pervasive interest, and heightened sensitivity to lighting, color, texture, or order. Individuals with ASD often face challenges in communication. The intensity of the disorder and its symptoms can vary significantly from person to person.

ASD encompasses several disorders that were previously considered separate, including autism, Asperger Syndrome, and Pervasive Development Disorder-Not Otherwise Specified (PDD-NOS). 

While there is currently no cure for autism, research indicates that early diagnosis and treatment can have a profoundly positive impact on the symptoms and disabilities of individuals with ASD. In some cases, children as young as two years old can be diagnosed with autism.

In terms of functionality, individuals with ASD were previously categorized as having either high-functioning autism or low-functioning disorder. However, these terms are no longer officially used to diagnose people with ASD according to the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) and other guides.

Despite this, these terms may still be used informally to refer to individuals with autism who have different needs. 

For instance, individuals referred to as having high-functioning autism typically have average or above-average cognitive and linguistic abilities. They may be able to function in specific areas due to their high cognitive abilities and less severe symptoms compared to individuals referred to as having low-functioning autism. However, they may still face challenges in communication, social interaction, and sensory interpretation.

On the other hand, the term low-functioning autism was previously used for individuals with autism who had more severe symptoms and required more assistance. These individuals often struggle with verbal communication and other tasks due to their intellectual disabilities. The term non-verbal autism is used to describe individuals with autism who are unable to communicate verbally.

It’s important to note that these terms are no longer used to describe ASD because the condition is not adequately described by varying degrees of functioning. Since the autism spectrum encompasses a wide range of symptoms and challenges, the use of these terms is not adequate. 

However, to qualify for SSA benefits, individuals must demonstrate that their autism prevents them from working.

How Autism Is Treated

The management of autism primarily involves a combination of therapy and medication, both of which aim to equip individuals with autism with improved communication skills and a better quality of life.

Medication and Its Role

Medication plays a crucial role in helping individuals with autism manage their anxiety levels and mood swings. It can also alleviate symptoms of depression and anxiety that are often associated with ASD. However, it’s important to remember that medication is not a cure, but a tool to manage symptoms and improve the individual’s overall well-being.

Therapy and Its Benefits

Therapy, on the other hand, offers a range of benefits for individuals with autism. It not only helps in improving their communication skills but also aids in managing depression and anxiety. Some examples of therapeutic approaches include Applied Behavior Analysis (ABA), language and speech therapy, and social skills training.

Is Autism a Disability?

The SSA categorizes autism as a mental disorder. According to their definition, individuals on the autism spectrum may experience challenges with social interaction and both verbal and non-verbal communication. They may also engage in behaviors that are highly focused and repetitive, and their range of activities may be somewhat limited.

However, it’s important to remember that while these characteristics are often associated with autism, they do not define the individual. People on the autism spectrum are as diverse and unique as anyone else, each with their own strengths, abilities, and interests.

The SSA also notes that individuals with autism may have difficulties with memory and concentration. They may also exhibit hyperactivity, a short attention span, aggression, and unusual responses to sensory stimuli such as light or smell. However, these are not universal traits and can vary greatly from person to person.

While some legal systems may classify autism as a learning disability or an intellectual disability, the SSA does not use these terms. Instead, it has specific criteria for determining autism. It’s crucial to understand that these classifications are primarily for administrative and support purposes and do not reflect the full potential or value of an individual with autism.

Support Programs for Individuals with Autism from the Social Security Administration 

Adults and children on the autism spectrum may be eligible for two different benefits programs from the SSA. 

Social Security Disability Insurance (SSDI)

SSDI is a program that provides benefits to workers who had to stop working due to their disability. The amount of the benefits is determined by the SSA based on the individual’s previous salary or income before they became disabled. 

For individuals whose disability began before the age of 22, the SSA will consider the income of their parents when determining the benefit amount. This consideration acknowledges the financial impact on families and the potential limited work history of the individual with autism.

Supplemental Security Income (SSI)

SSI is another program that provides assistance to individuals with autism who have low incomes. This program is particularly beneficial for children with autism, as it can help meet their unique needs. 

Eligibility for the SSI program is determined by the family’s net income, which should be within the SSI limit. Unlike SSDI, your employment history does not affect your eligibility for the SSI program. However, your current income and resources will be considered.

The amount of SSI benefits varies from state to state, and some states even increase the benefits for children with autism. This variability reflects the differing costs of living and resources available in each state.

Remember, these programs are not a reflection of an individual’s ability or potential but are tools to provide support and resources to individuals with autism and their families. 

How to Qualify for SSDI with Autism 

To qualify for SSDI benefits, you need to provide documentation related to your autism that demonstrates that, despite receiving treatment, your condition prevents you from working. 

Required Documentation

The necessary documents may include prescriptions from doctors, treatment plans, lab tests, and an official diagnosis from your primary care physician (PCP), therapist, psychologist, or psychiatrist. 

SSA’s Blue Book Requirements

According to the SSA’s Blue Book, there are two basic requirements to qualify for SSDI with autism:

  1. Communication and Behavior Documentation

You are required to provide documentation of limitations in both verbal and non-verbal communication and limited social interaction, as well as restricted or repetitive patterns of behavior, interests, or hobbies.

  1. Proof of Severe Impairment

You should provide proof from a doctor that you experience severe impairment in at least one or two of the following areas: Your ability to take in, process, and use information 

  • Your ability to interact with customers, your employer, and colleagues at work 
  • Your ability to regulate yourself in different situations
  • Your ability to concentrate on your work and stay committed to certain tasks 

If you have severe limitations in a particular area, you may not be able to function independently for a long time. Even if you have marked limitations, you may be able to work independently, but not for a sustained period.

Additional Considerations

While you cannot provide documentation for every instance in which your autism prevents you from working, you will need an official record or other proof that your disorder prevents you from working. It’s also important to note that under the guidelines of the SSA, autism spectrum disorder can qualify for SSDI even without the presence of a language or intellectual disorder.

Do Autistic Children Qualify for SSDI?

The SSA Childhood Blue Book includes autism as one of the conditions that may qualify for Social Security benefits. The Blue Book serves as a guide from the SSA to determine which conditions are eligible for these benefits.

Qualification Criteria for Children with Autism

Section 112.10 of the Blue Book outlines the specific qualification criteria for children with autism. To qualify for SSDI, comprehensive medical documentation is required that demonstrates qualitative deficiencies in the following areas:

  • Verbal communication
  • Non-verbal communication 
  • Social interaction 
  • Restricted, repetitive patterns of behavior, interests, or activities

Additional Requirements

In addition to these criteria, a child must show extreme limitation in one, or marked limitation in any of the following areas to further qualify as autistic:

  • Ability to interact with others (such as following directions, playing, etc.)
  • Ability to learn and retain information 
  • Ability to focus and complete tasks
  • Ability to adapt to situations (such as controlling emotions)

Regular Checkups and Transition to Adult Rules

The SSA conducts regular checkups on a child’s health until the age of 18. At this age, the benefits may continue, but adult rules apply. This transition acknowledges the evolving needs and abilities of individuals with autism as they grow older.

What if My Autism Does Not Meet the Criteria? 

Even if your autism does not meet the specific Blue Book criteria mentioned earlier, applying for disability benefits remains an option. When applying as an adult, it’s important to demonstrate that your autism prevents you from working.

Securing disability benefits can be a challenging process. Even individuals whose autism does meet the criteria may face a high likelihood of having their initial application denied. However, persistence is key. Studies indicate that between 70 and 80% of applications are denied upon initial submission.

Remember, you have the right to file an appeal at any time. This gives you the opportunity to present your case in front of a judge. In fact, more than half of the applicants are granted approval by a judge after filing an appeal for disability benefits.

Understanding the Benefit Amount for Autism Disability Claims

In 2023, the maximum monthly amount that individuals can receive in the form of SSDI is $3,600. This cap on the benefit amount remains consistent, irrespective of the condition you have or whether you apply with one or more conditions.

However, there are other considerations that factor into determining the exact amount of your benefits. These considerations cause the benefit amount to vary depending on the circumstances of each case. One such circumstance is the total tax contributions you’ve made to the Social Security system.

For instance, when calculating your SSDI benefits, the SSA first calculates your Average Indexed Monthly Earnings (AIME). This is the average of your 35 highest earning years. This sum is then used to calculate your Primary Insurance Amount (PIA).

How To Prove Your Autism Disability to the Social Security Administration

There are several ways to demonstrate your autism to the SSA. These include:

Doctor’s Statement

The SSA may have questions for your doctor that will help clarify your autism symptoms. It’s recommended that you obtain a detailed note from your doctor outlining your symptoms and how they impact your ability to maintain employment. This statement should be comprehensive and not merely an affirmation of your condition.

Medical Records

The SSA relies heavily on your medical history and records when determining your eligibility for benefits. Your medical record should provide extensive evidence of your autism diagnosis, including documentation of hospital visits, treatment records, medication, and a description of your symptoms. Most importantly, your record should highlight the severity of your autism and how it prevents you from working.

Psychological Evaluation

Autism can have psychological impacts, affecting your ability to understand, process, and evaluate information. You may communicate in a way that others find challenging to understand. Autism may also impact your ability to concentrate and maintain a consistent work pace. Depending on the severity of your condition, you may or may not be able to fit into a particular role. You can demonstrate this with the medical evidence of psychological testing and evaluation included in your SSDI application.

In addition, the SSA may also send you for a paid consultative exam (CE). A CE involves a physician or specialist examining your symptoms and their impact on your ability to work. If your mental condition, including any symptoms you may be experiencing, is extensively documented and submitted with your application, this could prevent the SSA from sending you for a paid consultative exam.

Conclusion

While it is possible to qualify for SSDI benefits with autism, extensive medical evidence is required for approval. It’s recommended to work with an experienced disability lawyer who can help maximize your chances of SSDI approval. 

Remember, these processes are designed to provide support and resources, and do not define an individual’s capabilities or potential. With the right support, individuals on the autism spectrum can lead fulfilling and meaningful lives.

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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