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Social Security Disability Definitions

Social Security Disability and SSI Overview

The Requirements for Disability

Social Security Disability and SSI Applications

Tips and Advice for Disability Claims

How long does Disability take?

Common Mistakes after Receiving a Disability Denial

Disability Denials and Filing Appeals

Social Security Mental Disability Benefits

Disability Benefits offered through Social Security

Benefits through SSI disability

Disability Benefits for Children

Disability Qualifications and How to Qualify

Social Security Disability and Working

Winning your Disability Benefits

Social Security Back Pay and the disability award notice

Disability Lawyers and Hiring an Attorney

Social Security Disability SSI List of Conditions

What is considered a Disabling condition by Social Security?

Social Security Disability SSI and Medical Evidence

Filing for Disability Benefits

Eligibility for Disability Benefits


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Facts about Developmental Delay and Filing for Disability


How to prove you are disabled
and win disability benefits


 
1. Developmental delays are usually caused by a variety of life-long conditions categorized as developmental disabilities (DD). Developmental disabilities include Down syndrome, autism spectrum disorders and cerebral palsy, all conditions also referred to as special needs.

2. Developmental delay refers to mental and physical characteristics below the level of other individuals at the same age. These impairments affect daily functioning in a variety of ways, including learning, language, mobility and coordination. Those with developmental disabilities are often less equipped to care for and economically support themselves in adulthood.

3. In 1970 the United States Congress created a law for those with developmental disabilities who were often confined to institutions, to protect the individuals and improve conditions. The current version of law requires acceptance and inclusion of those with developmental disabilities into the community and ensures better care and treatment.

4. Developmental disabilities are classified into severe, profound, moderate, and mild. Treatment and care are based around these classifications. The goal of treatment is typically to increase independence in daily activities, and to help the individual reach their full capacity in all areas of development.

5. Individuals with developmental disabilities often require some level of care for their entire lives, although this varies from person to person and is based on each individual's unique abilities and impairments.

6. Individualized care and treatment plans may include a variety of therapy techniques. Respite services are available for families who care for individuals with developmental disabilities at home. Transportation services including free bus passes or shuttles are available in many places.

7. Advocacy for developmental disabilities continues to grow. Advocates help individuals and families navigate 'the system' (including schools and social welfare programs). They also work for changes in policy and legislation, often directly with those who have developmental disabilities in an attempt to increase self-advocacy and independence for those with DD.


Can you qualify for disability benefits with this condition?

Whether or not you qualify for disability and, as a result, are approved for disability benefits will depend entirely on the information obtained from your medical records. This includes whatever statements may have been obtained from your treating physician (a doctor who has a history of treating your condition and is, therefore, qualified to comment as to your condition and prognosis).

It will also depend on the information obtained from your vocational, or work, history if you are an adult, or academic records if you are a minor-age child. The important thing to keep in mind is that the social security administration does not award benefits based on simply having a condition, but, instead, will base an approval or denial on the extent to which a condition causes functional limitations. Functional limitations can be great enough to make work activity not possible (or, for a child, make it impossible to engage in age-appropriate activities).

Why are so many disability cases lost at the disability application and reconsideration appeal levels?

Speaking as a former Disability Claims Examiner, I can state that there are several reasons:

1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant and his or her disability attorney will generally obtain and present this type of statement to a judge;

2) Prior to the hearing level, a claimant will not have the opportunity to explain how their condition limits them, nor will their attorney or representative have the opportunity to make a presentation based on the evidence of the case. At the hearing level, of course, this is exactly what happens. And a number of disability representatives will also take such steps even earlier, at the reconsideration appeal level;

3) Disability judges, unlike disability examiners who decides cases at the first two levels of the system, can make independent decisions without being overturned by immediate supervisors--which happens frequently.















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Information on the following topics can be found here: Social Security Disability Questions

Social Security Disability SSI decisions | The Disability Decision Process and What gets taken into Consideration | Getting Denied for Disability Benefits | Questions about Social Security Disability Approvals and Being Approved | Social Security Disability Hearings | Social Security Medical Examinations | Social Security SSI Doctors | Social Security Disability Representation | Social Security Disability SSI Reviews