Pekas Smith Disability Attorneys provide legal representation for individuals and children who are disabled due to Down Syndrome. Our lawyers have extensive experience advocating for these individuals and ensuring their claims are approved. Call 602.962.2818 or send us a message for a consultation about your situation with a disability lawyer in Arizona.
Getting Social Security for Down Syndrome
Adults with Down Syndrome may receive Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits. Most people with Down Syndrome can qualify for SSDI based on their work history or a parent’s work history. Adults and children with Down Syndrome may qualify for SSI benefits, which are subject to household income and resource limitations.
Understanding Disability Benefits for Adults and Children with Down Syndrome
- An adult with Down Syndrome may receive Social Security Disability benefits.
- Down Syndrome is considered a qualifying disability in nearly all cases, but documentation is still required.
- Benefits may be claimed under the individual’s earning history or through the earnings record of a parent.
- An application and medical documentation is necessary to show the individual meets claim requirements.
- Pekas Smith Disability Attorneys can represent you in completing an application and gathering appropriate medical documentation.
- A child with Down Syndrome may receive Supplemental Security Income (SSI) benefits.
- Most children with Down Syndrome meet qualifying standards for having a disability.
- Resource and income limitations apply. Parental income, including stepparents in the household, may factor into a child’s eligibility for benefits.
- To receive benefits, your child must apply and provide necessary documentation. Pekas Smith Disability Attorneys can assist in this process.
- Parental income and resources are treated differently once a child turns 18. Even if your child is deemed ineligible while they are a minor, their qualification may change when they turn 18.
People with Down Syndrome may qualify for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits. Nearly all people with Down Syndrome are considered disabled for SSDI purposes.
See SSA, Social Security Disability Insurance benefits for adults with disabilities since childhood. To qualify for child benefits, the parent must receive retirement or disability benefits or be deceased, having earned qualifying credits for Social Security benefits.
SSDI Benefits for Down Syndrome
SSDI benefits are available to most applicants with Down Syndrome, based on their own earnings record or the work history of a parent. A person with non-mosaic Down Syndrome as described in Section 10.00C of the Social Security Blue Book is considered disabled from birth. An applicant must present a karyotype analysis laboratory report or physician’s report confirming their diagnosis.
Non-mosaic Down Syndrome is evaluated under Social Security Blue Book Section 10.00 – Congenital Disorders that Affect Multiple Body Systems, 10.06 Non-mosaic Down Syndrome (chromosome 21 trisomy or chromosome 21 translocation). For children, non-mosaic Down Syndrome is evaluated under Section 110.06 of the childhood listings (Part B).
Mosaic and non-mosaic Down Syndrome and disability
98% of people with Down Syndrome have non-mosaic Down Syndrome. People with non-mosaic Down Syndrome generally qualify for SSDI with proof of their diagnosis. For the small percentage of people with mosaic Down Syndrome, an application is evaluated differently.
Mosaic Down Syndrome may be slight, having no significant impact on a person’s functioning. It may also be severe, impacting a person’s life in profound ways. Someone applying for disability benefits based on mosaic Down Syndrome will need to present additional evidence of their limitations and impact on their ability to work. Evaluators will consider how their medical condition impacts musculoskeletal functioning, special senses and speech, neurological systems and mental functioning. They may also consider functional limitations that result from the disorder under section 10.00E.
Other congenital disorders
Other congenital anomalies, disorders and syndromes may qualify for disability, including Tay-Sachs disease, trisomy X syndrome (XXX syndrome), fragile X syndrome, phenylketonuria (PKU), caudal regression syndrome and fetal alcohol syndrome. An applicant may qualify based on the degree of functional limitations and interference with their body systems.
Does Down Syndrome Automatically Qualify for Disability?
While Down Syndrome does not automatically qualify for disability, nearly all people with non-mosaic Down Syndrome will be found disabled based on laboratory findings. To receive benefits, they must meet other requirements for each respective program.
SSI for Down Syndrome
Supplemental Security Income benefits may be available for children or adults. Parental income and household resources may factor into a child’s qualifications for SSI benefits. Down Syndrome may make an applicant eligible for immediate payments while an application is pending.
When a child turns 18, parental resources no longer count against the child to determine benefits. Even if your child has been ineligible for benefits previously, they may become eligible at age 18.
Get Legal Help From a Disability Attorney
At Pekas Smith Disability Attorneys, we believe that people should get and maintain the benefits that they deserve. If you need help with claiming disability for a person with Down Syndrome, our law firm is here to help.
Here are some ways that we may assist you with your claim:
- Determining what programs the person may qualify for whether they are an adult or child.
- Filing the initial claim and supporting materials.
- Identifying the appropriate payment with an understanding of eligibility and benefits calculations.
- Addressing things that may prevent an applicant from receiving benefits.
- Understanding the medical criteria to receive payments; and ensuring that the correct medical information is submitted with the application.
- Filing a complete application to minimize delays and complications.
- Completing the redetermination or reevaluation process.
Our law firm can represent you at any stage in the application process. For applicants with Down Syndrome, we focus on helping you to apply for all the benefits that may be awarded in your case. We take care to present complete medical information that claims examiners need to see to approve an application. Whether your application is simple or complex, you can have experienced legal representation to assist with the entire process.
We invite you to learn more about how our SSDI lawyers for Down Syndrome help people get and keep their Social Security Disability benefits. For a free consultation, call 602.962.2818 or message us now.