Is Down Syndrome a Disability?

is down syndrome a disability

Introduction

In the intricate world of medical conditions, few queries arise as frequently as ‘is Down syndrome a disability?’. Down syndrome itself is among the most multifaceted and impactful medical conditions. If you find yourself grappling with the challenges and uncertainties that accompany this genetic variation, take solace in the fact that there’s a beacon of support: Social Security disability benefits. Drawing from more than two decades of expertise in personal injury and Social Security cases, I’m here to expertly guide you through this intricate journey. This guide is not just an informational resource; it’s a comprehensive roadmap designed to offer understanding, empowerment, and a clear path to securing the assistance you rightfully deserve.

Decoding Down Syndrome: A Genetic Exploration

Unveiling the Genetic Underpinnings

Down syndrome, a genetic condition, is a result of an extra chromosome, specifically chromosome 21. This additional genetic material disrupts the delicate genetic balance, giving rise to the unique physical and cognitive traits associated with Down syndrome. While the standard chromosome count is 46, individuals with Down syndrome possess 47 due to a misstep in cell division during conception.

From Diagnosis to Insight

The diagnosis of Down syndrome is often possible during pregnancy through various prenatal tests, granting families the time they need to prepare for the journey ahead. However, instances exist where individuals receive the diagnosis later in life due to gaps in medical understanding. An essential facet of comprehending Down syndrome lies in considering the mother’s age, as the likelihood of having a child with this condition increases with each passing year.

The Face of Down Syndrome: Characteristics and Impact

Exploring the Physical Attributes

The physical attributes of Down syndrome are distinct and encompass a range of features. These include low muscle tone, a shortened neck with excess skin, a flattened facial profile, petite facial features, and eyes that exhibit an upward slant. The intensity of these characteristics varies, reflecting the diverse spectrum of Down syndrome.

Intellectual Quotient (IQ): Navigating Cognitive Diversity

Categorizing Down syndrome by severity is pivotal, as it provides insights into an individual’s cognitive capabilities. Mild Down syndrome is correlated with an IQ of 50-69, while moderate cases range from 35-50. Severe instances manifest an IQ of 20-35, underscoring the cognitive challenges individuals with Down syndrome navigate.

Navigating Social Security Disability Benefits for Down Syndrome

Social Security Disability Attorneys | RFC Assessment | LaBovick Law Group

The Nexus of Care and Assistance

Amidst the intricate tapestry of Down syndrome, securing financial support assumes paramount importance. This section delves deep into the significance of applying for Social Security disability benefits, offering a safety net for the uncharted journey ahead. Crucially, these benefits are not exclusive to adults; children can also qualify under the Supplemental Security Income (SSI) program.

Unified Path to Eligibility

Whether you’re a child or an adult, the notion of applying for Social Security disability benefits warrants thorough consideration. The eligibility criteria remain steadfast, highlighting the role of the disability in constraining the ability to partake in substantial gainful activity.

Demystifying the Evaluation Process

The evaluation process for eligibility comprises three core steps:

  • Engagement in Substantial Gainful Activity: While employment is permissible, it must not be extensive to qualify for benefits.
  • Severity Analysis: The Social Security Administration (SSA) meticulously assesses whether Down syndrome significantly impairs the individual’s capacity to engage in gainful employment.
  • Meeting Listed Impairments: Down syndrome is scrutinized under Listing 10.06, which offers specific diagnostic criteria for the purpose of automating disability determination.

Elevating Your Prospects: Expert Guidance and Empowerment

Advancing with Legal Expertise

While the path to securing disability benefits for Down syndrome may appear intricate, the potential rewards are immeasurable. Engaging a skilled Social Security Disability Attorney significantly bolsters your odds of achieving a successful outcome.

In Conclusion: Advocating for a Fulfilling Future

The journey through Down syndrome is characterized by its challenges and triumphs. Navigating the landscape of disability benefits demands more than just knowledge; it requires empathy, strategic planning, and unwavering advocacy. Whether you’re a parent seeking support for your child or an individual with Down syndrome striving for security, the road to a brighter future begins with informed decisions. At LaBovick Law Group, we’re steadfast in our commitment to standing by your side, ensuring your rights are upheld, and your well-being is safeguarded. Remember, taking this step won’t strain your finances; our fees are contingent upon your success. Your journey toward securing disability benefits and embracing a more secure future commences right here.

Is Down syndrome considered a disability? 

Absolutely, Down syndrome is unequivocally recognized as a disability owing to its profound impact on cognitive and physical functions.

What benefits can I claim for a child with Down syndrome? 

Children with Down syndrome may qualify for Supplemental Security Income (SSI) and, in some cases, state-sponsored health insurance, providing indispensable financial and healthcare support.

How much SSI do you get for a child with Down syndrome? 

The precise amount of SSI varies based on factors such as family income and available resources. Seeking guidance from a disability attorney can provide nuanced insights.

How can a disability attorney assist with Down syndrome benefits claims? 

An adept disability attorney possesses an intricate understanding of the claims process, enhancing the likelihood of a favorable outcome. Their expertise simplifies the journey to obtaining much-needed benefits.

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.