Fetal Alcohol Syndrome is a serious condition that involves mental and physical defects that affect the babies of women who consume alcohol while pregnant. It is a condition that may cause stunted growth, impaired cognitive functioning, a damaged nervous system, various physical deformities, behavioral problems, heart abnormalities, and various other difficulties. Most people are diagnosed with Fetal Alcohol Syndrome during childhood, and unfortunately, it is a condition they never grow out of.
If you or someone you love lives in Indiana and has Fetal Alcohol Syndrome, you may qualify for disability benefits from the Social Security Administration. Let’s take a closer look at the law together.
Is FAS a “Disability”?
In order to determine if a condition qualifies as a disability, the Social Security Administration will typically consult what is commonly known as the “Blue Book.” The Blue Book is a guide that lists various impairments and their accompanying symptoms. Those who do not have a condition specifically listed in the Blue Book will not necessarily be denied benefits and may simply need to present additional medical proof regarding their condition.
With regard to FAS, the Social Security Administration generally includes the condition in the category with other birth defects and developmental delays. Generally, there are four types of FAS that are recognized by the Social Security Administration. These include:
- Fetal Alcohol Syndrome: This is generally considered to be the most severe form of FAS and includes many or all of the symptoms listed above.
- Partial Fetal Alcohol Syndrome: Those who have partial FAS will not necessarily have all of the symptoms associated with full FAS but will still have many of those symptoms.
- Alcohol-Related Neurodevelopmental Disorder: This term typically describes a variety of problems with the nervous system as a result of alcohol consumption during pregnancy, which result in issues with a person’s memory, behavior, and ability to learn.
- Alcohol-Related Birth Defects: This term is generally used to describe a range of birth defects that might occur when a pregnant woman drinks too much alcohol. Such defects often occur in the heart, bones, or kidneys but can affect any part of the body.
Those who have FAS and are making a claim for disability benefits should provide medical proof confirming their diagnosis, describing their symptoms in detail, and establishing the limitations imposed by those symptoms.
In addition to establishing the existence of Fetal Alcohol Syndrome, those seeking benefits must also provide proof that the condition has rendered them unable to work for a period of at least one continuous calendar year or more. Depending upon an individual’s unique circumstances, two types of disability benefits may be available.
What Types of Benefits Are Available?
The Social Security Administration offers two types of disability benefit programs. These include:
- Social Security Disability Insurance (SSDI) Benefits: In order to be eligible for SSDI benefits, an individual must have a qualifying medical condition that has rendered them disabled for at least one continuous calendar year or more. In addition, the applicant must be “insured.” To the Social Security Administration, being “insured” means that the applicant worked a job for a sufficient length of time through which they regularly paid taxes from their earnings into the Social Security system.
- Supplemental Security Income (SSI) Benefits: As is the case with SSDI benefits, in order to be eligible for SSI benefits, an individual must have a qualifying medical condition that has rendered them disabled for at least one continuous calendar year or more. Unlike the case with SSDI benefits, however, an individual need not be “insured” to be approved for SSI benefits. Instead, recipients must have income and resources below a specific limit established by the Social Security Administration. This limit often changes yearly, so consulting with an attorney regarding your eligibility is essential.
Depending upon an applicant’s circumstances, they may qualify for one or both types of benefits. Regardless of the type of benefit that an individual receives, it is essential to remember that the benefit amount will not depend upon the particular condition that an individual has. As a result, regardless of whether you have Fetal Alcohol Syndrome or something else, your payment amount will be the same. The Social Security Administration typically bases payment amounts on earning and employment history, income and resource level, and a variety of other factors.
Gcc Law Firm – Here For You
At GCC Law Firm, we know that living with a disability can be challenging in so many ways. We believe that you deserve to focus on treating your condition and living your life to the fullest instead of worrying about how to pursue the benefits you need and deserve. Instead, you can leave that to us. We know and understand every aspect of the law pertaining to disability benefits, and we’ll always pursue the best legal strategies on your behalf. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.