Facts about Asperger's Syndrome and Filing for Disability
These selected pages answer some of the most basic, but also some of the most important, questions for individuals who are considering filing a claim for disability benefits.
Facts about the condition
1. Asperger's syndrome is an autism spectrum disorder that hinders normal development, particularly in social and interaction skills. It can be difficult to distinguish from high-functioning autism.
2. Those with Asperger's syndrome lag behind peers in social skills and display repetitive behavior as well as intense focused interest in one or only a few topic areas. Clumsiness has also been attributed to the condition.
3. The condition is named after Austrian doctor Hans Asperger, who first described the specific set of symptoms associated with the disorder.
4. Abnormal nonverbal behavior can include poor eye contact, passive facial expression and awkward gestures. Individuals with Asperger's syndrome also have trouble reading other people's nonverbal cues.
5. Abnormal verbal communication can include speech that is monotone, has odd rhythm or is too quick. Asperger's syndrome may also cause individuals to monologue rather than converse when speaking with others, and to not understand humor.
6. Poor coordination among those with Asperger's syndrome can cause odd posture and gait as well as clumsy movement.
7. It is unknown what causes Asperger's syndrome to develop in some individuals. Studies show that genetics may play a large role, and that several regions in the brains of those with Asperger's have structural abnormalities.
8. Diagnosing Asperger's is difficult, and will probably involve a team of health care professionals. Diagnosis follows extensive observation and testing of the child, along with an interview with the parents about the child's behavior and communication especially in regards to social interaction.
9. Asperger's syndrome can be initially misdiagnosed as one of a variety of other developmental and behavioral disorders, since cognitive function is largely unaffected and other symptoms look similar to attention-deficit hyperactivity disorder or obsessive compulsive disorder.
10. Early training and therapy in communication, social skills and behavior modification can help encourage improvement in functioning. Some medications may help target specific emotional and behavioral symptoms to make managing the condition easier. There is no cure for Asperger's syndrome, but some argue it is a difference rather than a disorder that needs a cure.
Qualifying 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 and treatment notes that 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 also includes discharge summaries from hospital stays, reports of imaging studies (such as xrays, MRIs, and CT scans) and lab panels (i.e. bloodwork) as well as reports from physical therapy.
In many disability claims, it may also include the results of a report issued by an independent physician who examines you at the request of the Social Security Administration.
Qualifying for SSD or SSI benefits 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. In the case of adults, your work history information will allow a disability examiner (examiners make decisions at the initial claim and reconsideration appeal levels, but not at the hearing level where a judges decides the outcome of the case) to A) classify your past work, B) determine the physical and mental demands of your past work, C) decide if you can go back to a past job, and D) whether or not you have the ability to switch to some type of other work.
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?
There are several reasons but here are just two:
1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant's disability attorney or disability representative will generally obtain and present this type of statement to a judge.
Note: it is not enough for a doctor to simply state that their patient is disabled. To satisy Social Security's requirements, the physician must list in what ways and to what extent the individual is functionally limited. For this reason, many representatives and attorneys request that the physician fill out and sign a specialized medical source statement that captures the correct information. Solid Supporting statements from physicians easily make the difference between winning a disability hearing or losing a disability case at the hearing level.
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. This is because at the initial levels of the disability system, a disability examiner decides the case without meeting the claimant. The examiner may contact the claimant to gather information on activities of daily living and with regard to medical treatment or past jobs, but usually nothing more. At the hearing level, however, presenting an argument for approval based on medical evidence that has been obtained and submitted is exactly what happens.
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
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