According to the Social Security Administration (SSA), about 14% of the 13 million people of working age who receive benefits through its Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) programs qualify because they have an intellectual disability. Intellectual limitations can make it difficult for someone to perform the typical work-related activities, such as remembering and following directions.
Financial assistance for someone with intellectual disabilities through the SSA requires that you go through a disability determination process that denies benefits to more than two-thirds of people who apply. It is a difficult process to get through, but an intellectual disability benefits lawyer at Disability Partners, PLLC can help to get you through the application and appeal process.
Working-age adults applying for SSI and SSDI must meet the same definition that Social Security uses for disability. They must have a medically determinable physical or mental impairment expected to last for at least one year or result in death that makes them unable to engage in substantial gainful activity. Substantial gainful activity is defined by an earnings standard that undergoes annual adjustments. For 2022, the standard is $1,350 per month in earnings, so a person earning that amount or more each month would not be disabled because of an ability to engage in substantial gainful activity.
Intellectual disability typically presents itself through low intellectual function, which is a person’s problem-solving ability, and impaired adaptive reasoning, which refers to the ability to carry out typical day-to-day activities. The extent of the deficit ranges from mild to severe and is usually measured through administration of an IQ test and assessment of an applicant’s abilities by psychologists, vocational and educational specialists, and other professionals.
The evaluation process that Social Security uses to determine eligibility for SSI and SSDI begins by determining whether an applicant meets the non-medical requirements for each program. For applicants seeking SSDI benefits, that means having a long enough work record and paying Social Security taxes on the income to be “insured” through the program.
SSI is a need-based program that does not require an employment history. Instead, it limits the value of resources and monthly income that applicants may have available to buy necessities, such as food and shelter.
If an applicant meets the non-medical requirements, the application is reviewed by the Disability Determination Services to evaluate whether the intellectual disability is severe enough to meet the disability definition used by Social Security. One way to do this is through the Listing of Impairments.
The Listing of Impairments contains impairment categories. Listed impairments have been determined to be severe enough to meet the disability definition. Listing 12.05, titled “Intellectual Disorder,” is the listing used to evaluate benefit claims filed by applicants with intellectual disabilities. The listing requirements include performance on an IQ test to measure intellectual function and evaluation of the applicant’s adaptive reasoning through assessment of their social function and daily living activities, among others.
At Disability Partners, PLLC, an intellectual disability benefits lawyer helps you through the application and appeal process by reviewing medical and evaluation records and documents to determine if the intellectual disability meets a listed impairment. If it does not, we pursue other options for satisfying the eligibility requirements for the SSDI and SSI programs. Contact us to learn more about how we can help you.