Has anyone ever enrolled a dependent for Social Security Disability? This is for my 23 year old son who has autism.
I'm just wondering what the process is - I don't imagine it's easy...
Please pardon the delayed response. My Beloved (passepartout) and I have been out of range for 10 days.
I will happily comment to cut through the mythology and misinformation already offered. I have practiced Social Security disability law since 1984 and am a proud member of National Organization of Social Security Claimants' Representatives (NOSSCR).
Social Security Disability (SSDI) and Supplemental Security Income (SSI) are both administered by the Social Security Administration. They are separate programs that serve similar populations and have identical medical severity criteria, but they have very different financial eligibility standards. Social Security is an insurance program for which wageearners and their employers pay a premium in the FICA tax. Social Security disability is payable to wageearners and survivors regardless of the financial means of the beneficiary. SSI is a welfare program for the low-income disabled and elderly. People who have not worked may qualify for SSI if they have virtually no income or assets. Children whose parents are still alive qualify for disability benefits, if at all, through the SSI program.
One starts with an application, which can be done online, and can be concurrently for both SSDI and SSI. Fairly shortly thereafter an interview will be scheduled during which a trained claims representative will gather a great deal more information about the beneficiary, their medical care, their education, training, and past work experience. Social Security will then obtain copies of all relevant medical records and may require the applicant to submit to additional medical evaluation and testing. The application will be reviewed by highly trained personnel at the state disability determinations agency.
In order to qualify medically, the applicant must show through the medical records that their combined impairments preclude reliably sustaining any kind of work in the national economy. This is a high standard to meet. To identify the clear cases, the regulations define hundreds of medical impairments that are readily measurable, such as in lab tests, MRIs, etc. Nationwide about 40% of applications are approved on the basis of the data in the medical records.
Impairments that affect patients from mildly to severely, such as diabetes, seizure disorder, mental disorders, and pain syndromes are typically denied at this stage, not because the evaluator is arbitrary, irrational, or stingy, but because it is the the responsibility of the applicant to prove the severity of their impairments and the extent to which the impairments limit their ability to work which typically are not addressed in the progress notes of the physician.
Upon receiving the first denial notice, counsel should be retained. Let me explain how this works too, as sadly not all of my colleagues deserve your trust. Be very careful about any lawfirm that wants to "sign you up" without reviewing the merits of your case. Too many attorneys are too ready to get a client to commit to the fee agreement. They know that a certain percentage of cases will be awarded whether they develop the case or not. Then when you get denied at the administrative hearing they won't appeal further. Lawfirms who advertise heavily are suspect. For a reliable referral contact NOSSCR through nosscr.org. Your case is important enough to consult with more than one attorney before you choose. Ask questions to learn not just the extent of the attorney's experience but their methods. How closely will the attorney be working with your treating physician?
Attorneys who agree in writing to a contingent 25% of past-due benefits finally awarded (maximum $6,000) are allowed to receive the fee directly from the Social Security Administration.
I wish you well. Autism is one of those conditions that are particularly difficult to prove. After all, they now characterize it as a "spectrum." Your result will more favorable and sooner if you take the time to find an attorney that is familiar with the disorder and willing to work to develop the evidence.
Ms. Passepartout
Paula Brown Sinclair
Attorney at Law
Twin Falls, Idaho