Social Security Disability Benefits for Asperger's Syndrome

Asperger's syndrome is an autism spectrum disorder that causes developmental delays, primarily in the areas of socialization and communication. People with Asperger’s often have difficulty relating to others and have a singularly focused interest in one topic. In the past, Asperger’s syndrome was referred to as “high-functioning” autism because it didn’t result in language delays, so people with the syndrome might be seen as “quirky” or “eccentric.”

But Asperger’s syndrome—like other autism spectrum disorders—can pose significant social, communication, and behavior challenges for both children and adults. Forms of Asperger’s that substantially limit major life activities can qualify for workplace accommodations under the Americans with Disabilities Act (ADA), while people who are unable to work at all due to the disorder may qualify for Social Security disability payments. If you’ve been diagnosed with Asperger’s, it’s important to understand your rights whether you’re able to work full-time or not.

Is Asperger's a Disability?

It depends. Because some adults with milder forms of Asperger’s are able to live their lives similarly to neurotypical (not on the autism spectrum) people, it’s unlikely that they’ll get disability benefits based on Asperger’s alone. However, they may be entitled to reasonable accommodations at work under the ADA. These accommodations could include sensory adjustments to light and sound, time off work, or a flexible schedule, among others.

Children with Asperger’s may get benefits if they’re missing developmental milestones, but their case will be reviewed when they turn 18 to see if they still qualify under the rules for adults.

How Can You Get Disability Benefits for Asperger’s Syndrome?

Social Security awards disability benefits to adults who have a medically determinable impairment that prevents them from engaging in substantial gainful activity for at least one year. Adults with Asperger’s symptoms may be eligible to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) if they meet the financial eligibility requirements for each program.

Children are eligible only for SSI benefits, but may be able to qualify for SSDI after they turn 18 as disabled adult children. As children, they don’t have to show that they’re unable to work, but they still must show that they have significant functional limitations relative to others their age.

Qualifying for Disability Benefits for Asperger’s as an Adult

Adults with severe forms of Asperger’s may qualify for disability benefits if they can show that they meet the requirements of a Blue Book listed impairment or have functional limitations that rule out all regular employment.

Meeting a Listed Impairment

Listed impairments are medical conditions that Social Security considers particularly debilitating. Adults with especially severe Asperger’s symptoms might be able to get disability benefits automatically under Social Security’s listing 12.10 for autism spectrum disorders. To qualify for benefits using this listing, your medical records will need to show that you have the following:

• difficulty with social interaction and both verbal and nonverbal communication, and
• significantly restricted, repetitive patterns of behavior, interests, or activities.

Your medical records will also need to show that you have an “extreme” limitation in one, or a “marked” limitation in two, of the following areas:

• understanding, remembering, or applying information (such as recognizing a mistake and being able to correct it)
• interacting with other people (such as knowing how to ask for help)
• concentrating or focusing long enough to complete tasks on time (such as being able to ignore or avoid distractions), and
• adapting or managing yourself (such as maintaining hygiene).

The difference in degree between “marked” and “extreme” limitations isn’t very well defined, but it helps to think about the extent to which you can do those activities independently. The less you’re able to do by yourself, the more severe your limitations will be. For more information on Listing 12.10 for autism spectrum disorders, see our article on disability for autism.

Getting a Medical-Vocational Allowance

Many people with Asperger’s are able to take care of themselves without a lot of assistance and probably won’t meet the strict requirements of the autism spectrum listing. But symptoms of Asperger’s can restrict—and sometimes eliminate—the types of jobs you can do. Qualifying for disability because no jobs exist that you can perform is called a “medical-vocational allowance.”

Social Security decides whether any jobs exist that you can do despite limitations from your Asperger’s symptoms by first determining your residual functional capacity (RFC). Your RFC is a set of restrictions that reflects the most you’re able to do at work. A typical RFC for somebody with Asperger’s will likely include restrictions on jobs that involve working closely with coworkers, supervisors, or the general public.

The number of limitations in your RFC depends on how intense your symptoms are. Somebody with mild to moderate difficulty talking to other people might have a restriction on work that involves public contact—such as most retail or service industry jobs—while somebody who engages in severe repetition of behaviors (like hand flapping) might not be able to perform any jobs without causing excessive distractions.

Social Security will look at your work history and compare your current RFC with the mental and physical demands of your past jobs to see if you could do those jobs today. If not, then—depending on your age, education, and experience—the agency will determine whether any other jobs exist in significant numbers that are within the limits of your RFC. For example, if you’re unable to maintain productivity at even the most basic tasks, Social Security should award you disability benefits, since every job requires that you complete the job duties on time.

Getting Disability Benefits for Children With Asperger’s

Children between the ages of 3 and 18 can qualify for disability by meeting the requirements of listing 112.08 for autism spectrum disorder. Just like with the adult listing, your (or your child’s) medical records must contain evidence of difficulty with communication and social interaction and struggles with basic areas of mental functioning. And even if your child doesn’t exactly meet the requirements of listing 112.08, they can still receive disability benefits if their limitations “functionally equal” the listings.

Evidence You’ll Need to Get Disability for Asperger’s

Medical records form the basis for every disability determination, whether the claim is for a child or an adult. That means you’ll need to have clinical notes from doctors, psychologists, psychiatrists, or neurologists containing evidence of the following Asperger’s symptoms:

• monotonous, stiff, and rapid speech
• uncoordinated and clumsy movements
• an inability to perceive, empathize, or be sensitive to other people’s emotions
• difficulty grasping humor
• repetitive behavior or tics (“stimming”)
• unusual nonverbal communication, such as the avoidance of eye contact, minimal facial expressions, and unusual posture, and
• an all-consuming interest in one or two narrow topics.

For children with Asperger’s, Social Security will look for the above evidence (such as whether your child plays with others) by reviewing both medical and non-medical sources. School records, including any individualized education plans (IEPs) for your child, are useful to help the agency determine whether your child is disabled. Having a medical source statement from your child’s pediatrician or therapist can also go a long way towards proving a successful claim.

How to Apply for Social Security Disability

Applying for Social Security benefits for adults is a fairly straightforward process. You have several methods to choose from:

• File online using the agency’s SSDI application portal (or SSI portal, for certain eligible claimants).
• Call the Social Security national hotline at 800-772-1213 (TTY 800-325-0778 for the hearing impaired) between 8 a.m. and 7 p.m., Monday through Friday.
• Go to your local Social Security office and speak with a representative in person.

Filing a child’s claim for SSI involves a few more steps. (You can start the application online, but you won’t be able to finish it that way.) After you complete the online Child Disability Report, which asks you to describe how your child's Asperger’s syndrome affects their functioning, a representative from Social Security will call you to discuss your financial eligibility for the SSI and to help you complete the application.

SSDI and SSI Disability Benefit Amounts

Social Security doesn't award benefits based on the type of medical condition you have, so it doesn’t matter what your diagnosis is as long as you’re disabled according to the agency’s definition. Instead, the amount you'll receive if you're approved depends on whether you're eligible for SSDI, SSI, or both.

SSDI eligibility is based on your work history and how much you've contributed to the program in payroll taxes, while SSI is a needs-based benefit available to people with limited resources. You can find out more (including links to an estimated benefits calculator) in our article on SSDI and SSI monthly check amounts. Children who are eligible for SSI through their parents’ income will have their benefits calculated by a process called “deeming.”

What Happens If My Claim Is Denied?

Only about one-third of disability claimants are approved on their first try. If, after reading over the denial letter, you disagree with the SSA’s decision, you have 60 days to submit an appeal. Social Security’s appeals process typically involves getting another denial before you can request a hearing with an administrative law judge, where you have your best shot at getting benefits.

When you’re preparing your appeal, you might want to consider getting help from an experienced disability attorney. Your lawyer can help you gather your medical evidence, correspond with Social Security on your behalf, and represent you at a hearing. Disability attorneys don’t get paid unless you win and many offer free consultations, so there’s little risk in asking around to find a lawyer who’s a good fit for you.