If your Asperger’s symptoms make it difficult or impossible for you to keep a job, you may qualify for disability benefits through the Social Security Administration. Social Security disability for Asperger’s syndrome could include monthly cash benefits from Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
The Social Security disability lawyers from Berger and Green can double-check your application, help you file your claim, or fight a denial. Call us today at 412-661-1400 for your free case review with a member of our Pittsburgh team.
Getting Disability Based on Your Asperger’s Syndrome Diagnosis
Asperger’s syndrome is an autism spectrum disorder. The Social Security Administration will evaluate your claim similarly to how it considers other autism cases. In the Blue Book of qualifying impairment listings, autism falls under Section 12.10 – Autism Spectrum Disorder.
According to this listing, your medical records need to prove you have:
- Deficits in verbal and nonverbal communication; and
- Limited and repetitive interests, behaviors, and activities
Extreme limitation of one, or marked limitation of two of the following:
- Understanding or remembering information
- Interacting with others
- Managing yourself
When you apply for disability benefits, you must provide contact information for your primary care physician and others who are familiar with your case. The disability examiner will use this information to request your medical records. Because the diagnosis of many mental and cognitive disorders is subjective — and because Asperger’s is generally thought of as a mild form of autism — it can be difficult to get medical evidence to prove your impairment.
For a free legal consultation with a lawyer serving Pittsburgh, call (412) 424-6079
Getting Disability Based on Your Mental Residual Functional Capacity
It is a challenge to meet the criteria under the impairment listing for autism spectrum disorders. Many people who have Asperger’s syndrome qualify for benefits based on their residual functional capacity (RFC) instead. In an RFC assessment, you will be evaluated on your ability to get and keep a job. It considers:
- The type of work you have done, the type of work you can do, and the jobs you may be eligible for
- How long you can work
- How often you can work
Your RFC is an evaluation of your remaining abilities, in spite of your impairment. There are three ways an RFC assessment can be carried out:
- The disability examiner will evaluate your RFC based on your application and records
- Your doctor will complete a special form to evaluate your RFC
- You will go to a consultative exam where a doctor paid by the Social Security Administration will evaluate your RFC
You will likely be approved for benefits if the disability examiner finds that you cannot perform all the functions pertaining to jobs you may qualify for. You may also get approved if you can work but require workplace accommodations.
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Meeting the Technical Qualifications for Pittsburgh Disability
In addition to proving you suffer from a qualifying impairment, you will also need to meet the Social Security Administration’s technical qualifications. While many people overlook these rules, these criteria are very important.
The staff members at the local Social Security field office must ensure that you meet all the technical qualifications for benefits before they forward your application to the Office of Disability Determination Services. If the staff members find you do not meet one of the technical criteria, you will receive a technical denial before anyone ever looks at your medical records.
Some common reasons for technical denials include:
- You earn above the substantial gainful activity limits
- You do not have the required work credits for SSDI
- You do not have recent work credits for SSDI
- You do not meet the household or individual income limits for SSI
- Your assets are too high for SSI
- You failed to complete all required paperwork
- You answered identifying information incorrectly on your paperwork
If we help you file your claim, we will double-check your application and other paperwork before submitting it. This reduces the risk of a technical denial. Call us today at 412-661-1400 to get started or to learn more about why the Social Security Administration denied your claim on a technicality.
Let Us Handle Your Pittsburgh Disability Appeal
Our Social Security disability attorneys know what it takes to get approved for Social Security disability. We also understand the challenges of proving your claim to the Social Security Administration (SSA). In fact, the SSA denies many more applications that it approves. If this happens to you, do not panic.
You have 60 days to appeal the SSA’s denial. Call us as soon as possible at 412-661-1400 after you receive a denial notice. If time permits, we can request your appeals hearing and build a solid case to get you approved for benefits. We will:
- Investigate why the SSA denied your claim
- Collect evidence to counter the denial
- Present your case to the administrative law judge during your hearing
- Argue for the monthly benefits and back pay you deserve
It is important to note that it will take more than a year between your denial notice and your appeals hearing to see results. We know this wait is long and frustrating, but we will be here to answer your questions and address your concerns along the way.
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Getting Social Security Disability for Asperger’s Syndrome in Pittsburgh, PA
If you cannot get work or keep a job in Pittsburgh because of your Asperger’s symptoms, the team from Berger and Green is here to help. We can review your disability case for free and fight for the monthly disability benefits and back pay you deserve.
In cases where the person suffering an impairment was the victim of a personal injury accident, we may even be able to pursue compensation in a civil case against the liable parties.
To learn more about how we can help, or to get started today, call us at 412-661-1400.