Dyslexia is a learning disability that affects reading and other language-related tasks, such as writing and speaking. It qualifies as a disability under the Americans with Disabilities Act, but is dyslexia a disability that qualifies for benefits through the Social Security Administration?
If you have been diagnosed with the learning disability dyslexia, you could qualify for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. It depends on the extent to which the condition limits your ability to perform work-related activities.
What follows is an explanation of the evaluation process that your application for SSDI and SSI undergoes, as well as the disability standard that must be met to be approved for dyslexia disability benefits. The disability team at Sackett and Associates is available to answer your questions or provide assistance with your claim at any stage of the process, from preparation of an application through the appeal process to challenge an unfavorable decision.
The Social Security Disability Standard
The Social Security Administration (SSA) uses a definition of “disability” as its standard when reviewing SSDI and SSI claims. To be disabled and be eligible for SSDI or SSI benefits, you must be unable to do substantial gainful work activity because of a medically provable physical or mental impairment that has lasted or is expected to last for at least one year or is expected to result in death.
A claim for SSI submitted on behalf of a child must meet a different definition of disability. A child is disabled if they meet all of the following criteria:
- Have a medically determinable physical or mental impairment or impairments.
- The impairments must result in marked and severe functional limitations.
- The impairments must have lasted or be expected to last for at least 12 months or be expected to result in death.
Applications for disability benefits for SSDI and SSI must be supported by medical evidence of the condition and the physical and mental limitations it imposes.
Overview of Dyslexia
Dyslexia is a lifelong condition typically diagnosed during childhood when a child experiences difficulty with reading. Children use sounds learned in early childhood to read by related those sounds to interpret letters written on a page. The brain of a child or adult with dyslexia has difficulty relating letters to sounds, causing difficulties with reading, writing, spelling, and sentence formation. Research has yet to identify the cause of dyslexia.
Signs or symptoms of dyslexia differ among people, but common ones include:
- Problems differentiating certain letters with shape similarities, such as “b” and “d,” and “p” and “q.”
- Difficulty sounding out words.
- Problems spelling simple words.
Diagnosis of the condition relies on testing to identify signs or symptoms, rather than relying on physical examinations or diagnostic medical tests. Treatment focuses on learning reading skills and other methods to manage dyslexia.
Dyslexia makes specific learning skills challenging, but a person can learn methods to cope with and overcome these difficulties. The difficulties a person experiences with reading are caused by a learning disability, not a lack of intelligence.
Is Dyslexia A Disability Qualifying For SSDI And SSI?
The SSA compiled a listing of impairments containing medical conditions considered severe enough to meet the standard for a disability needed to qualify for disability benefits. However, dyslexia is not a listed medical condition.
Although it is not a listing impairment, a person with dyslexia may qualify with symptoms used to evaluate neurocognitive disorders in Section 12.02 of the listings. The section requires medical evidence of significant cognitive decline in at least one of the following areas:
- Complex attention
- Learning and memory
- Language
- Executive function
- Perceptual-motor
- Social cognition
Also required is evidence of an impaired ability to do the following:
- Understand, remember, or apply information
- Interact or work with others
- Focus on work activities or stay on task
- Regulate emotions, control behavior, and maintain well-being in a workplace
If you cannot qualify for Social Security for dyslexia using the listing of impairments, you may qualify with proof that limitations of the condition prevent you from doing work you did in the past. You also must show the limitations prevent you from adjusting to do other types of work available in the national or regional economies.
Get Help From a Seasoned Disability Lawyer
The Americans with Disabilities Act entitles you to reasonable disability accommodations for dyslexia, but whether your condition qualifies for SSDI or SSI benefits is not as clear. It depends on whether the medical and other documentation proves you have a condition severe enough to meet the disability definition and prevent you from working.
Sackett and Associates has been the disability law firm relied upon by disabled individuals throughout Northern California and nationwide for 45 years, providing trusted advice and skillful representation. Whether you need assistance with an application or to challenge a denial of benefits through the appeal process, contact Sackett Law for a free consultation and claim evaluation.
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