Neurodevelopmental disability generally refers to disabilities affecting intellectual and/ or physical functioning that typically develop in childhood and continue for the person’s lifetime. Examples include autism spectrum disorder, Down syndrome, cerebral palsy, and other conditions.
A person with a neurodevelopmental disability may also have an intellectual disability. Neurodevelopmental disability may allow a person to qualify for benefits through the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. A consultation with a neurodevelopmental disability benefits lawyer at Disability Partners, PLLC, offers a convenient way to learn whether you or a loved one is eligible for benefits.
SSDI is a program through the Social Security Administration (SSA) that provides the benefits a worker earns by paying into the Social Security retirement system through payroll taxes. If a claimant worked long enough to be insured through the program, SSDI pays benefits to the disabled worker and their dependents.
SSI is a need-based program paying benefits to adults and children who are blind or disabled and to older adults, who are at least aged 65, based on financial need. Unlike SSDI, a work history is not a requirement of eligibility, but you cannot have income or resources exceeding the limits set by federal regulations. SSI benefits are intended to provide the means for a beneficiary to pay for food, shelter, and other basic needs.
Children with a neurodevelopmental disability may qualify for SSI disability benefits by meeting both the financial limitations and the medical criteria to be eligible. They also may qualify for family benefits through a parent who is eligible for benefits through SSDI or Social Security retirement. Adults may qualify for neurodevelopmental disability benefits through both the SSI and SSDI if they meet the medical and non-medical eligibility requirements for each.
Social Security defines “disability” for adult claimants through both SSI and SSDI as the inability to engage in substantial gainful activity caused by a physical or mental impairment expected to last for at least one year or result in death. Children applying for disability benefits through SSI must be seriously limited in their activities because of a physical or mental condition lasting or expected to last for at least one year or result in death to meet the disability standard.
Social Security maintains a Listing of Impairments to guide its examiners in determining whether an impairment is severe enough to qualify for SSI or SSDI benefits. There are listings for both adults and for children.
If an applicant for SSI or SSDI meets the criteria for a listed impairment, it is considered as satisfying requirements for a disability determination under Social Security guidelines. An impairment that does not match one in the Listing of Impairments, does not mean that a person with a neurodevelopmental disability will not qualify for benefits. It just means that they have to meet other criteria.
If you or a loved one has questions about or needs assistance with an application for neurodevelopmental disability benefits or needs representation for a disability appeal, a neurodevelopmental disability benefits lawyer at Disability Partners, PLLC, can be of assistance. Contact us today for a free consultation.