Fetal Alcohol Spectrum Disorder

Fetal Alcohol Spectrum Disorder (FASD) is a spectrum of disorders. It can result from a mother’s alcohol use during pregnancy. The symptoms vary, but many people with FASD face significant challenges. This includes areas such as learning, memory, attention, problem-solving, and impulse control. Individuals with FASD may find it difficult to work and may require lifelong care.

One resource that many turn to is Social Security Disability Insurance (SSDI). SSDI provides monthly benefits to help cover living expenses when you can’t work. Unfortunately, the process for getting approved for these benefits can be challenging.

Types of Fetal Alcohol Spectrum Disorders

FASD is a term describing a range of conditions caused by prenatal alcohol exposure. The severity of symptoms and functional limitations depends on certain factors. These include the time and amount of alcohol exposure, genetics, and access to early care. The primary types of FASD include:

Do Fetal Alcohol Spectrum Disorders Qualify for SSDI?

FASD is not listed as an individual condition in the SSA’s Blue Book of impairments. This means applicants cannot apply with an FASD diagnosis as their only qualifier. Instead, the SSA evaluates how the condition affects the applicant’s ability to work. They compare it to other listed impairments. These include neurocognitive disorders, neurodevelopmental disorders, or mental disorders.

For example, a diagnosis of FASD is typically not enough to get your application approved. However, you may be able to use this diagnosis to demonstrate that you:

• Have significant limitations in memory, attention, or learning. You can show these make it difficult to follow instructions or complete tasks.
• Struggle with impulse control, judgment, or social functioning. You can show how your workplace interactions are impaired.
• Require frequent reminders, supervision, or special accommodations to perform even simple tasks.
• Experience mental or emotional symptoms that prevent you from adapting to changes. These include handling work stress or meeting production requirements.
• Have a combination of limitations that make sustaining gainful employment impossible.

How to Apply for SSDI with a Fetal Alcohol Spectrum Disorder

Applying for SSDI can often be a challenging and time-consuming process. It requires significant paperwork and lengthy processing times. For many, this process is worth the effort. It can provide life-changing financial support.

Here are the general steps you’ll need to take:

Gather Medical Documentation

The first step in the SSDI filing process is collecting medical documentation. Make sure it relates to your condition and its effect on your ability to work. This may include:

• A formal diagnosis of FASD by a medical professional
• Neuropsychological testing results that measure memory, attention, and other cognitive skills
• Records from occupational therapists, counselors, or behavioral specialists
• Medical imaging or lab results
• Educational records that document your disorder. These include special education services records or IEPs.
• Statements from caregivers, teachers, or employers

Submit Your Application

The next step is to submit an application along with your documents and records. You can do this online, over the phone, or in person at your local SSA office. It will ask for details about your medical and work history and your ability to work.

Make sure to file as early as possible while also being thorough in your statements.

Wait for a Response

After submitting your application, the SSA will review your claim. They will request additional records if needed. Then, they will determine whether your limitations meet its criteria for disability. This review process typically takes three to six months for an initial decision. However, it can take longer depending on case complexity and SSA workload. During this time, respond quickly to any requests for information. This will help you avoid delays.

What if My Application Is Denied?

Applications for SSDI are commonly denied after an initial application. It’s important that you address the denial promptly to avoid losing eligibility. You will have the right to appeal within 60 days of the SSA’s decision. To do this, you’ll need to file a request for reconsideration online or over the phone.

In your request, clearly state that you are appealing the denial. Provide any new or updated medical records and therapy notes. Include any neuropsychological evaluations, school reports, and detailed statements from caregivers or teachers. These can demonstrate how your FASD limits your ability to work. If you are denied again, the next step is to request a hearing with an Administrative Law Judge. You can appear and present all supporting evidence.

To maximize your chances of winning, it’s best to have an SSD lawyer present. We can call on medical experts, witness testimony, and advocate for your right to SSDI. Even if this fails, you may be able to take your case to the SSA Appeals Council. You may also be able to file a lawsuit at the federal district court.