When Life Gives You Lemons — Call an Attorney

If your child has autism or an autism spectrum disorder, the challenges that come along with the condition can have far-reaching effects on his or her daily life. If your child struggles with the demands of daily routines, you may be wondering about the possibility of filing for Supplemental Security Income or Social Security Disability benefits. Here's a look at what you should know about applying for these benefits for kids with spectrum disorders.

How Are Benefits Determined?

For kids to qualify for Social Security Disability, those benefits would be based on your earnings history as the parent. Supplemental Security Income, on the other hand, is solely based on financial need. Your child could qualify for Supplemental Security benefits up to age 18 if your family income is below the required limit. If your family qualifies for Medicaid or Food Stamps, you'll likely be within the income limits for benefits. The financial resource and income limits vary from year to year, so it's best to talk with a Social Security attorney before you apply. He or she can review your family's financial position and help you evaluate the current requirements to see if you might be eligible.

Can You Qualify for Disability With an Autism Spectrum Disorder?

In order for a child on the Autism spectrum to qualify for disability benefits, you'll have to have a doctor's evaluation that clearly shows a few things.

• Deficiencies in social skills and communication
• Deficiencies in imaginative capabilities
• Restrictions in activities and interests

Along with the confirmation from the doctor that these deficiencies exist, you'll also have to show that those deficiencies are limiting your child's progress in at least two areas.

1. Cognitive function – this is evaluated via the use of a standardized test that evaluates the age appropriate level of speech pattern and language capability. In some cases, a low IQ test score can also be taken into consideration.  
2. Social function – This is a consideration of your child's ability to make and maintain friendships and other social relationships. This can include relationships with parents, other adults and peers. For example, kids with aggressive tendencies, children who are non-verbal, and those who opt for isolation over socialization are considered to be affected in their social development. If your child has problems acknowledging authority and performing in a normal social environment, this is considered.  
3. Personal function – This includes an assessment of your child's ability to take care of routine hygiene and self-care tasks. If he or she is unable to eat, dress, groom or handle toilet tasks independently, this is considered in the application.  
4. Concentration, pace and persistence – If your child struggles to maintain attention on a task and see it through to a degree that is considered appropriate for his or her age, that can be an indication of impairment in this area. This is often assessed via routine observation as well as some standardized test evaluations.

What Can You Expect of the Application Process?

Plan for at least an hour for your initial application. This is important, because you want to be able to take your time while you're working through the application and associated questions. Then, the Social Security Administration will notify you if the claim is approved or denied. If it is denied, you have the right to appeal the decision. Talk with an attorney before you do, though, so you can be sure you approach the process well prepared.

If the application is approved, you will receive some retroactive benefits. In some cases, your benefits will be dated back to the date of the application. In others, it can be dated back to the start of the disability. For kids with autism, this may mean that you get benefits dating back to your child's birth. Talk with a disability attorney like Todd East Attorney at Law about how to improve your chances of both approval and retroactive benefits.