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Qualifying for Social Security Disability Benefits with Down Syndrome

Published Date: Mar 04 2024 By Bross & Frankel

Understanding Down Syndrome

Down syndrome is a genetic condition that occurs when an individual has an extra copy of chromosome 21. This additional genetic material affects the physical and intellectual development of the person. There are two main types of Down syndrome:

  1. Trisomy 21: This is the most common type of Down syndrome, accounting for about 95% of cases. In trisomy 21, there is a full extra copy of chromosome 21 in every cell of the body. With Trisomy 21, or Translocation Down Syndrome as it is also called, an individual will automatically qualify medically for Social Security disability benefits.
  2. Mosaic Down Syndrome: Mosaic Down syndrome is a rarer form, occurring in about 1-2% of cases. In this type, only some cells have the extra copy of chromosome 21, while other cells have the typical two copies. Those with Mosaic Down syndrome may qualify for Social Security disability benefits, but you may need more than a diagnosis to be approved.

Medically Qualifying for Social Security Disability Benefits with Mosaic Down Syndrome

When it comes to qualifying for Social Security Disability benefits with Down syndrome, both types can potentially meet the eligibility criteria. However, from a medical standpoint, individuals with Mosaic Down syndrome may face additional challenges in proving their disability.

Mosaic Down syndrome is often associated with milder intellectual and developmental disabilities compared to trisomy 21. This can make it more difficult to demonstrate the level of impairment required to qualify for Social Security Disability benefits.

To qualify for benefits, individuals must provide evidence of significant limitations in functioning and demonstrate that these limitations prevent them from engaging in substantial gainful activity. This can include medical records, assessments, and evaluations from healthcare professionals.

Some of the additional limitations of down syndrome that may be present in those individuals with Mosaic Down syndrome include:

  • Vision loss of 20/200 or worse in the best eye
  • Heart problems
  • Inability to communicate with others verbally or visually
  • Spinal cord injuries resulting in an inability to stand from a seated position or walk without the use of crutches or a wheelchair
  • Seizures
  • Hearing loss

While Mosaic Down syndrome individuals may face additional hurdles in proving their disability, it’s important to note that each case is evaluated individually. The Social Security Administration considers the overall impact of the condition on the individual’s ability to work and function in a work environment.

In addition, it’s important to understand that while an individual may qualify medically for Social Security disability benefits with a Down syndrome diagnosis, qualifying financially will be an entirely different matter. Because SSI benefits are available for the most financially vulnerable, unfortunately, household income is the top reason why children with Down syndrome may be denied benefits. Your income will have to fall below a specific cap to be considered eligible from a financial qualification perspective. A consultation with a Social Security disability attorney will indicate if your claim is eligible.

How Bross & Frankel Can Help

Consulting with a knowledgeable Social Security disability attorney who can provide guidance and support throughout the complex application process is advisable. These specialized attorneys can help gather the necessary medical evidence and present a strong case for Social Security Disability benefits..

Based in New Jersey, the Social Security disability attorneys of Bross & Frankel represent clients throughout New Jersey and Pennsylvania.  We have decades of combined experience in Social Security benefits, including working within the SSA itself. If you are considering filing for disability benefits or want to appeal a denial, call our law offices at (856) 795-8880 or fill out our online contact form to schedule a free claim review with a New Jersey SSDI lawyer.

Written by Bross & Frankel · Categorized: Disability, Social Security, Social Security Disability, SSD, SSI · Tagged: Down Syndrome, Social Security

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