New Jersey Mental Disability Laywers
Mental Retardation as a Disabling Condition
In addition to covering physical disabilities, mental impairments may also be covered by Social Security Disability benefits. The list of potential mental impairments Social Security may cover include depression, mental retardation, autism, bipolar disorder, personality disorders, anxiety conditions, post-traumatic stress syndrome, traumatic brain injury and psychotic conditions. Simply being diagnosed with one of these mental impairments is not sufficient to be considered for Social Security benefits. You may need to contact a Disability Attorney to help guide you through the process of getting the benefits you deserve.
Mental Retardation
To prove you qualify for disability compensation, you will need to show that you have an impairment, and that it adversely affects your ability to function and work. One of the mental impairments considered by the Social Security Administration as potentially being a disability is mental retardation. Mental retardation is when someone has significantly below average intellectual functions. With mental retardation there may be deficits in the brain's ability to adapt during development. The severity of this impairment varies for every individual with mental retardation. The SSA takes into account every aspect of the claimant's condition before approving disability coverage.
Severity of Mental Retardation
- The claimant must require the help of others for basic everyday functions. Assistance must be needed for dressing, eating, bathing and using the restroom. There may also be an inability to follow instructions.
- The claimant's IQ is 59 or less
- The claimant's IQ is 60 to 70 with an additional physical or mental impairment that restricts his or her ability to work.
- Obvious restrictions on activities of daily living
- Inability to maintain social functioning
- Difficulties maintaining concentration
- Extensive and repeated episodes of decomposition
Age Restrictions
The mental retardation in the above list occurs before the age of 22. Lower IQ caused by head traumas or dementia after the age of 22 are not considered for this coverage. Applying for mental impairment disability insurance after the age of 22 requires the claimant to provide evidence that the onset of mental retardation was in their youth. IQ exams and school records may be used as evidence. Proving to the SSA that mental retardation happened before the age is 22 is important, but complicated and may require the assistance of a disability attorney.
Consulting a New Jersey Disability Benefits Attorney
Even if the claimant does not fit the above descriptions, they still may be eligible for disability benefits. Disability benefits were created to provide those without the ability to provide for themselves the finances they need to survive. It can be a complicated application process that requires a disability attorney to represent you at a hearing. Calling 1-877-527-5529 will connect you to the disability law firm, Kazmierczak & Kazmierczak, LLP. We have been protecting the rights of the disabled for decades nationwide. Let us help you obtain the benefits you deserve.
Please Call 1-877-527-5529 or fill out our Contact Form to schedule a free consultation to start the application process for your disability.