Was Your Adult Child Denied Disability for Mental Retardation?
Mental retardation is defined by the Social Security Administration (SSA) as significantly sub-average intellectual functioning, with deficits in adaptive functioning that manifested before age 22. If an adult family member is profoundly mentally retarded, he or she will automatically be eligible for Social Security Disability (SSD) benefits. If your adult child was denied disability for mental retardation due to borderline disabilities, you may also still be able to claim benefits through the appeals process.
Claiming Social Security Disability Benefits for Adults With Mental Disabilities
If you would like to make a Social Security Disability claim for your disabled adult child, you must support that claim with medical evidence of one of the following:
1. Dependence upon others for personal needs (toilet use, eating, dressing, bathing, etc.) and inability to follow directions such that standardized measures of intellectual functioning are not necessary
2. A valid IQ measurement (verbal, performance or full scale) of 59 or less
3. A valid IQ of 60 to 70 with another physical or mental impairment that significantly limits work-related function
4. A valid IQ of 60 to 70, resulting in at least two of the following:
- Marked restriction of activities of daily living
- Marked difficulties in maintaining social functioning
- Marked difficulties in maintaining concentration, persistence or pace
- Repeated episodes of decompensation, each of extended duration
As you can see, there is room for interpretation in the third and fourth categories. The SSA will demand certain proof that your family member could not work in a low-level job (cleaning, dish washing, etc.). Our SSD benefits attorneys are familiar with the SSA's criteria and the types of documentation required in these cases.
We Can Help You Appeal a Denied Claim for Mental Retardation Disability Benefits
The experienced team at Schwartzapfel Partners P.C. stands ready to help if a mental retardation claim on behalf of a loved one was rejected by the SSA. In many cases, we can get that person qualified through additional tests and medical documentation.
Our lawyers handle disability cases throughout New York, with a record of success in mental retardation and other mental impairment cases.*
Call Us to Learn How We Can Be of Service. You Pay No Attorneys Fees Unless We Win.
To learn more about Social Security Disability mental retardation claims, call us at 888-801-1914 or contact our New York law firm online. There is no upfront cost for our case evaluation. We also do not charge attorneys fees unless and until we win money and benefits for you.
*Past results do not guarantee a future outcome.
