Tips for Filing Benefits Claims for Developmental Disabilities

Often people with life altering impairments such as mental retardation, cerebral palsy, autism spectrum disorders, genetic and chromosomal disorders such as Down syndrome and Fragile X syndrome and Fetal Alcohol Spectrum disorders will have disabling conditions described as “developmental disabilities.”  Developmental disabilities are life-long physical and/or mental conditions adversely affecting the daily functioning of the individual in one or more of the following basic necessity areas:

• Capacity for independent living
• Economic self-sufficiency
• Learning
• Mobility
• Understanding and speaking in language skills
• Self care
• Self direction

How to Apply for and Receive Benefits

When applying for disability benefits with Social Security or Supplemental Security Income (SSI) programs an individual with developmental impairments will need to submit an application for benefits to that program and be able to meet that program’s specific qualifying requirements in order to begin receiving benefits.  The program will require that medical evidence or documentation of (1) the diagnosis of the developmental impairment, such as autism, mental retardation or cerebral palsy and (2) medical evidence and documentation detailing the disabling conditions and impairments that have resulted from the diagnosed developmental impairment.

The Limitation Evaluation Process

The Social Security must first evaluate your pertinent symptoms, signs, and laboratory findings to determine whether you have a medically determinable mental impairment(s). If a medically determinable mental impairment(s) is found, the next step is to specify the symptoms, signs, and laboratory findings that evidence or document the presence of the impairment(s).  The Social Secuity must then rate the degree of functional limitation resulting from a physical or mental impairment(s) by the degree of

“functional” limitation imposed.  The assessment of functional limitations process is complex and highly individualized to each specific applicant.   Multiple elements will be assessed and considered in the process such as medical documentation including clinical signs and laboratory findings evidencing condition symptoms and documentation of daily functioning problems as affected by such elements as chronic mental disorders, structured settings, medication, and treatments.  The degree of functional limitation is based on the extent to which the impairment(s) interfere with the ability to function independently, appropriately, effectively, and on a sustained basis.

Getting Legal Help

If you or a member of your family has developmental disabilities it may be helpful to contact a disability attorney and to discuss the possibility of submitting applications for benefits with him.  An attorney can explain the options available and provide assistance and guidance through the application and disability evaluation process.