Can You Get Social Security Disability For Autism?

Jul 05, 2011 Comments Off by Charles Hall

Question: Can you get Social Security disability for autism?

Answer: Probably so.  Let me be clear. Few people suffering from autism or autism spectrum disorders such as Asperger’s syndrome work enough to be able to get disability benefits based upon their own earnings. Social Security disability for autism or Asperger’s is almost always one of two different types of benefits — Supplemental Security Income (SSI) or Disabled Adult Child benefits.

SSI is available to those who are disabled and who lack income and resources of their own (once they are 18). Most who have autism or Asperger’s lack income or resources of their own and, thus, potentially qualify for SSI, assuming they can prove disability. Things are a bit different for SSI disability benefits for children, those under 18. The parents income and resources count. Still, it is probably worth filing a SSI child’s claim for any child who has autism or Asperger’s unless the parents are fairly well off. The worst they can do is deny the claim due to excess income or resources. Many parents who have a comfortable financial situation never think of filing an SSI claim for their child with autism or Asperger’s when the child reaches age 18. Do it! It’s important for the child’s future that the child have a source of income.

Disabled Adult Child benefits are available to a person who becomes disabled before age 22 — which would be the case for a person with autism or Asperger’s — whose mother or father is drawing Social Security benefits or their own account or who died after working enough to have potentially been eligible for benefits on their own account. Remember, you don’t have to file a claim for Disabled Adult Child benefits before the person turns 22, just prove they were disabled before then. I’ve gotten Disabled Adult Child benefits for people in their 40s or 50s.

I don’t want to suggest that every claim for Social Security disability benefits based upon autism or Asperger’s syndrome is going to be approved, although it may be close to every one when we are talking about autism itself. Asperger’s is certainly more difficult since people with Asperger’s  may not seem to be that impaired when one looks at them superficially. but, still, I don’t hesitate to take on Asperger’s cases.

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About the author

Charles Hall is the lead attorney for the Charles Hall Law Firm in Raleigh, NC. He has been practicing in the Social Security Disability law field since 1979, is published, and is ready to help new clients win their benefits in North Carolina.