Social Disability Lawyer Blog
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Filing for Social Security Disability with Down's Syndrome
One in every 690 babies born in the United States has some form of Down syndrome. This condition can hinder an individual's ability to engage in substantial gainful work activity, often leaving those with Down syndrome unable to support themselves. Social Security Disability benefits can alleviate some of the financial challenges associated with Down syndrome. For those wondering how this condition qualifies for such benefits, the following information provides insights
Down's syndrome - Understanding the Condition and Symptoms
In individuals with Down syndrome, there are three copies of chromosome 21 instead of the usual two, resulting in slower physical development and impaired mental abilities. The three types of Down syndrome are Trisomy 21 (95% of cases), Translocation (2-3% of cases), and Mosaic (2-3% of cases). Non-Mosaic Down syndrome involves an extra chromosome in all body cells, while Mosaic Down syndrome has an extra chromosome in only some cells.
Symptoms vary, with those born with Trisomy 21 or Translocation Down syndrome experiencing significant disabilities affecting mental, skeletal, and neurological functions. Common symptoms include decreased muscle tone, slanting eyes, delayed growth, and development. Diagnosing Down syndrome can occur before or after birth through various tests like amniocentesis and chorionic villus sampling.
How Does the SSA:Determine Down's Syndrome for Disability Benefits?
Inability to Stand Up from a Seated Position
If an individual cannot stand up and maintain an upright position without assistance once seated, it is considered an extreme limitation. This incapacity necessitates the aid of another person or the use of assistive devices like a walker, two crutches, or two canes.
Inability to Maintain Balance in a Standing Position
An extreme limitation in maintaining balance during standing or walking implies the inability to stay upright without assistance. This requires the support of another person or the use of assistive devices like a walker, two crutches, or two canes.
Inability to Use Upper Extremities
For individuals with Down syndrome, an extreme limitation in using upper extremities involves a significant loss of function in fingers, wrists, hands, arms, and shoulders. This limitation severely hampers the ability to independently initiate, sustain, and complete work-related activities requiring fine and gross motor movements.
Fine and Gross Motor Movements
The inability to perform fine motor movements may include challenges such as pinching, manipulating, or using fingers. Additionally, a lack of capability to engage in gross motor movements, such as handling, gripping, grasping, holding, turning, reaching, or participating in exertional activities like lifting, carrying, pushing, and pulling, is indicative of an extreme limitation.
The SSA's assessment of Down syndrome for disability benefits involves a thorough examination of these criteria to determine the individual's capacity for independent work-related activities. Understanding these specific limitations is crucial in building a case for Social Security Disability benefits for individuals with Down syndrome.
- 11.07C Evidence is needed to show that cerebral palsy has significantly interfered with the ability to speak, hear, or see. "Significant interference" refers to limitations, such as aphasia, strabismus, or sensorineural hearing loss, that substantially impede sustained communication.
- 11.11B Evidence must document that post-polio syndrome has led to the inability to produce intelligible speech.
2. Communication Impairments due to Non-Neurological Disorders (2.09)
- For conditions unrelated to neurological disorders, we evaluate communication impairments under listing 2.09.
Understanding Bulbar and Neuromuscular Dysfunction
- Bulbar and Neuromuscular Dysfunction This term refers to weakness in the bulbar muscles controlling the throat, tongue, jaw, and face. Impairments in these muscles result in difficulties with breathing, swallowing, and speaking. Listings 11.11 (Post-polio syndrome), 11.12 (Myasthenia gravis), and 11.22 (Motor neuron disorders other than ALS) include criteria for evaluating bulbar and neuromuscular dysfunction.
Evaluation of Breathing Disorders
- If a neurological disorder leads to a breathing disorder, the SSA may assess it under the respiratory system (Listing 3.00).
Understanding and documenting these criteria are essential for building a compelling case for Social Security Disability benefits based on communication impairments associated with neurological and non-neurological disorders. A comprehensive evaluation and submission of relevant medical evidence are critical steps in this process.
Filing for Social Security Disability with Down Syndrome
Down syndrome is covered under the Social Security Administration (SSA)'s "Blue Book" of impairments under Section 110.00. Non-Mosaic Down syndrome automatically qualifies for Social Security Disability benefits from birth. For Mosaic cases, qualification depends on the severity of the condition.
Individuals with Trisomy 21 or Translocation Down syndrome are likely to be approved for benefits at the initial stage of the application process. Providing the SSA with karyotype analysis results is essential for approval due to Non-Mosaic Down Syndrome.
For Mosaic Down syndrome, approval may be more complex. Alongside medical evidence, proving that the condition prevents the individual from working is necessary.
Down's syndrome - Understanding the Condition and Symptoms
In individuals with Down syndrome, there are three copies of chromosome 21 instead of the usual two, resulting in slower physical development and impaired mental abilities. The three types of Down syndrome are Trisomy 21 (95% of cases), Translocation (2-3% of cases), and Mosaic (2-3% of cases). Non-Mosaic Down syndrome involves an extra chromosome in all body cells, while Mosaic Down syndrome has an extra chromosome in only some cells.
Symptoms vary, with those born with Trisomy 21 or Translocation Down syndrome experiencing significant disabilities affecting mental, skeletal, and neurological functions. Common symptoms include decreased muscle tone, slanting eyes, delayed growth, and development. Diagnosing Down syndrome can occur before or after birth through various tests like amniocentesis and chorionic villus sampling.
How Does the SSA:Determine Down's Syndrome for Disability Benefits?
Evaluation for Social Security Disability benefits for individuals with Down syndrome involves assessing the extent of limitations in motor function. Extreme limitation, in this context, refers to the inability to perform essential work-related activities independently. The Social Security Administration (SSA) evaluates specific criteria related to standing up, maintaining balance, and using upper extremities.
Inability to Stand Up from a Seated Position
If an individual cannot stand up and maintain an upright position without assistance once seated, it is considered an extreme limitation. This incapacity necessitates the aid of another person or the use of assistive devices like a walker, two crutches, or two canes.
Inability to Maintain Balance in a Standing Position
An extreme limitation in maintaining balance during standing or walking implies the inability to stay upright without assistance. This requires the support of another person or the use of assistive devices like a walker, two crutches, or two canes.
Inability to Use Upper Extremities
For individuals with Down syndrome, an extreme limitation in using upper extremities involves a significant loss of function in fingers, wrists, hands, arms, and shoulders. This limitation severely hampers the ability to independently initiate, sustain, and complete work-related activities requiring fine and gross motor movements.
Fine and Gross Motor Movements
The inability to perform fine motor movements may include challenges such as pinching, manipulating, or using fingers. Additionally, a lack of capability to engage in gross motor movements, such as handling, gripping, grasping, holding, turning, reaching, or participating in exertional activities like lifting, carrying, pushing, and pulling, is indicative of an extreme limitation.
The SSA's assessment of Down syndrome for disability benefits involves a thorough examination of these criteria to determine the individual's capacity for independent work-related activities. Understanding these specific limitations is crucial in building a case for Social Security Disability benefits for individuals with Down syndrome.
Evaluating Communication Impairments for Social Security Disability Benefits
In assessing communication impairments for Social Security Disability benefits, a comprehensive evaluation is crucial. Conducted by an acceptable medical source, this evaluation encompasses all facets of communication, specifically focusing on neurological disorders. Communication impairments may arise when a medically determinable neurological impairment affects the regions of the brain responsible for speech and language.
Listings and Criteria for Communication Impairments
1. 11.04A, 11.07C, or 11.11B for Neurological Disorders
- 11.04A Evidence is required documenting a central nervous system vascular accident or insult (CVA) leading to sensory or motor aphasia. This should result in ineffective speech or communication, indicating an extreme limitation in understanding or conveying messages in simple spoken language. Basic communication skills, such as following one-step commands or expressing basic personal needs without assistance, must be severely compromised.
In assessing communication impairments for Social Security Disability benefits, a comprehensive evaluation is crucial. Conducted by an acceptable medical source, this evaluation encompasses all facets of communication, specifically focusing on neurological disorders. Communication impairments may arise when a medically determinable neurological impairment affects the regions of the brain responsible for speech and language.
Listings and Criteria for Communication Impairments
1. 11.04A, 11.07C, or 11.11B for Neurological Disorders
- 11.04A Evidence is required documenting a central nervous system vascular accident or insult (CVA) leading to sensory or motor aphasia. This should result in ineffective speech or communication, indicating an extreme limitation in understanding or conveying messages in simple spoken language. Basic communication skills, such as following one-step commands or expressing basic personal needs without assistance, must be severely compromised.
- 11.07C Evidence is needed to show that cerebral palsy has significantly interfered with the ability to speak, hear, or see. "Significant interference" refers to limitations, such as aphasia, strabismus, or sensorineural hearing loss, that substantially impede sustained communication.
- 11.11B Evidence must document that post-polio syndrome has led to the inability to produce intelligible speech.
2. Communication Impairments due to Non-Neurological Disorders (2.09)
- For conditions unrelated to neurological disorders, we evaluate communication impairments under listing 2.09.
Understanding Bulbar and Neuromuscular Dysfunction
- Bulbar and Neuromuscular Dysfunction This term refers to weakness in the bulbar muscles controlling the throat, tongue, jaw, and face. Impairments in these muscles result in difficulties with breathing, swallowing, and speaking. Listings 11.11 (Post-polio syndrome), 11.12 (Myasthenia gravis), and 11.22 (Motor neuron disorders other than ALS) include criteria for evaluating bulbar and neuromuscular dysfunction.
Evaluation of Breathing Disorders
- If a neurological disorder leads to a breathing disorder, the SSA may assess it under the respiratory system (Listing 3.00).
Understanding and documenting these criteria are essential for building a compelling case for Social Security Disability benefits based on communication impairments associated with neurological and non-neurological disorders. A comprehensive evaluation and submission of relevant medical evidence are critical steps in this process.
Filing for Social Security Disability with Down Syndrome
Down syndrome is covered under the Social Security Administration (SSA)'s "Blue Book" of impairments under Section 110.00. Non-Mosaic Down syndrome automatically qualifies for Social Security Disability benefits from birth. For Mosaic cases, qualification depends on the severity of the condition.
Individuals with Trisomy 21 or Translocation Down syndrome are likely to be approved for benefits at the initial stage of the application process. Providing the SSA with karyotype analysis results is essential for approval due to Non-Mosaic Down Syndrome.
For Mosaic Down syndrome, approval may be more complex. Alongside medical evidence, proving that the condition prevents the individual from working is necessary.
Down Syndrome and Your Social Security Disability Case
Applications for benefits due to Non-Mosaic Down syndrome are often approved initially. However, Mosaic Down syndrome cases may face initial denials, requiring an appeal for benefits. Seeking assistance from a qualified Social Security Disability lawyer significantly increases the chances of a successful disability claim due to Down syndrome.
Applications for benefits due to Non-Mosaic Down syndrome are often approved initially. However, Mosaic Down syndrome cases may face initial denials, requiring an appeal for benefits. Seeking assistance from a qualified Social Security Disability lawyer significantly increases the chances of a successful disability claim due to Down syndrome.
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