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Disability Law/Is autism considered a disabilty?

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Expert: Jacquie Brennan, Esq. - 11/9/2004


Question
Hello.My 3 year old son was born with water on his brain.He has had no surgeries for it but he has Autism.He is unable to speak,has odd behavior and is irritable.Two months ago I applied for Child Disabilty Benefits at the Social Sec. office for my son.Is Autism considered a disability by Social Sec?I know this is aslow process,bit no one has told me if it is a disability.What are the chances of my claim being approved? thanks in advance for your help.

Answer
Social Security doesn't have any automatic disabilities. It really depends on how an individual is impacted by autism. It is a slow process, and it is impossible for me to tell you what your chances are without reviewing medical records. Just be sure to appeal any denials you receive. If you get to the point where there will be a hearing, you should seek the services of an attorney experienced in social security claims. Best of luck to you.

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Jacquie Brennan, Esq.

Expertise

I am an attorney who focuses her practice in the area of disability law. This encompasses many other areas, such as employment law, school law, health law, social security law, and accessibility issues. If you have questions about your rights under the Americans with Disabilities Act, the Individuals in Education Act, the Rehabilitation Act, or Social Security Disability, just ask.

Experience

LICENSES AND CERTIFICATIONS Licensed to practice in the State of Texas Admitted to practice in Federal Court Southern District of Texas Admitted to practice in the United States Court of Appeals for the Fifth Circuit Qualified under 646(b) of the Texas Probate Code as Attorney Ad Litem Qualified under Texas Civil Practices and Remedies Code §154.052 as Mediator PROFESSIONAL ASSOCIATIONS State Bar of Texas Disability Issues Committee Member 1999 -- 2002

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