Asperger’s Syndrome and Social Security Disability: Is Asperger´s a Disability?
Asperger’s Syndrome: An Overview
What is Asperger’s Syndrome?
Asperger’s Syndrome, a developmental disorder belonging to the broader Autism Spectrum Disorders (ASD), manifests in early childhood. Unlike other types of autism, those with Asperger’s typically do not face speech delays but have marked challenges in social interactions and non-verbal communication.
Symptomatic Deep Dive
Apart from difficulties in forming and nurturing friendships, individuals with Asperger’s often demonstrate an unwavering need for routines, display repetitive behaviors, avoid eye contact, exhibit a disconnect from societal norms, and can struggle to understand complex emotions or humor.
Evolution of Symptoms with Age
As a child grows, some symptoms may decrease in intensity, while others might become more pronounced. For example, an adolescent with Asperger’s may develop an intense interest in a particular topic and spend disproportionate amounts of time exploring or talking about it.
The Transition to Adulthood and its Nuances
Navigating the Complex World of Employment
With the progression into adulthood, individuals face challenges in several aspects of daily life, especially employment. The work environment requires adaptability, something many with Asperger’s find daunting. Their need for routine can clash with the unpredictable nature of many job roles.
Social Stigmas and Misconceptions
Adults with Asperger’s often confront societal stigmas. There’s a general misconception that they can’t function ‘normally.’ This stereotype can negatively influence hiring decisions and workplace dynamics.
Living Independently: An Uphill Task
The journey to independent living can be fraught with challenges. Whether it’s maintaining a home, managing finances, or establishing and maintaining personal relationships, adults with Asperger’s often require additional support systems.
Social Security Disability: Deciphering the Code
The Complexity of Establishing Disability
Securing Social Security Disability for Asperger’s is multifaceted. The severity spectrum of Asperger’s means that while many can lead independent lives, others with more severe manifestations might need substantial support.
The Power of Medical Documentation
A comprehensive medical history, backed by regular assessments and documentation, is a cornerstone. Early-life documentation, though ideal, isn’t a strict necessity. Current assessments and ongoing treatments can also serve as strong pillars in establishing a case.
Understanding the Listings: The Technicalities
SSA employs specific listings to assess conditions. For Asperger’s, the listings 12.08 and 12.10 are pivotal. Each listing has criteria, which need thorough substantiation through medical documentation for a successful claim.
Beyond Listings: The Residual Functional Capacity (RFC) Evaluation
RFC (residual functional capacity) is a crucial tool that gauges what an individual can achieve despite their limitations. Here, medical documentation plays an integral role. The RFC assessment weighs the individual’s capabilities against their job roles, past and potential.
Wrapping Up: Mapping the Way Forward
Securing Social Security Disability for Asperger’s Syndrome demands diligence, thoroughness, and patience. A diagnosis of Asperger’s is just the beginning. The spectrum of its severity, its impact on daily life, and the backed evidence are the determinants in a successful claim.
Be Proactive
Seek consistent medical treatments, keep documentation current, and if possible, engage in therapies or vocational training that enhance life skills.
Seek Expertise
Aligning with knowledgeable legal counsel can be transformational. They can guide you through the maze of documentation, evidence, and processes.
Persistence Pays
The journey to securing SSDI can be long, and initial rejections can be disheartening. But, with determination, strategy, and the right guidance, the goal becomes more attainable.
For personalized advice and guidance, reach out toan experienced Social Security Disability Attorney at LaBovick Law Group at (561) 623-3681. With our experienced team, navigating the complexities of Social Security Disability becomes less daunting. Your journey matters, and we are here to guide every step of the way.
FAQ: Demystifying Common Concerns
What role does an early diagnosis play in securing SSDI?
Early diagnosis can provide a foundation, making the process smoother. However, even those diagnosed later in life, with consistent current treatments and documentation, can build a robust case.
Can one with Asperger’s hold a job and still qualify for SSDI?
Yes. The SSA looks at the nature of the job and the individual’s limitations. Even if they’re employed, they might qualify if the job doesn’t adequately support their living or if the condition severely impacts their work efficiency.
How important is consistent medical treatment in this process?
Imperative. Consistent medical treatment not only aids in managing the condition but also serves as substantial evidence of its impact on the individual’s daily life.
Can one appeal if their initial claim is rejected?
Absolutely. Many claims are denied initially. It’s essential not to get disheartened and consider seeking expert advice for the appeal process.
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.
