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  • By: Randy Rosenblatt, Esq.
A joyful girl with Down syndrome holding a flower, representing SSDI/SSI benefits.

Winning Your Case

You or your child can win a Down Syndrome Social Security disability and SSI case if you or your child meet two criteria:

  1. Non-Medical Criteria, and
  2. Disability Criteria.

Meeting the disability criteria requires –

  1. You read how Social Security evaluates Down syndrome (reviewed on this page);
  2. You satisfy the Social Security Down Syndrome Listing (also reviewed on this page) or you have disabling Functional Limitations (reviewed on the next page); and
  3. You Submit Winning Evidence (reviewed on the next, next page).

Overview

Social Security considers Down syndrome very severe and disabling. Down syndrome is a genetic disorder caused by a third (partial or full) copy of chromosome 21. There are three types of Down syndrome: 1) Trisomy (94-95% occurrence), 2) Translocation (3-4% occurrence), and 3) Mosaic (1-2% occurrence). About 1 in 700 children are diagnosed with Down syndrome.

In your Social Security disability and SSI case, the administration will require a diagnosis that is generally made before or at birth with ultrasound, or blood tests; or after birth with speech or intellectual testing and clinical observation. Social Security will also require medical records showing typical Down syndrome disability symptoms – physical developmental delays and distinct facial features (determined by doctor observation), and speech and intellectual limitations (best determined by cognitive testing but also determined by doctor/parent observation).

For those with Down syndrome, the incidence rate of many other medical conditions is higher. If your child has other medical conditions caused by Down syndrome, they may be disabled based on that condition or the combination of all conditions.

Down Syndrome Social Security & SSI Disability Listing

There is no listing for mosaic Down syndrome, and if it causes another medical impairment, you will need to evaluate the listing for that other impairment.

If you or your child have non-mosaic Down syndrome, you will meet Adult Listing 10.06 and Child Listing 110.06, if you or your child have one of the following:

  1. A lab report with karyotype analysis signed by a doctor, or both a lab report with karyotype analysis not signed by a doctor and a statement by a doctor that you have Down syndrome;
  2. A doctor’s report that you have chromosome 21 trisomy or chromosome 21 translocation consistent with a previous karyotype analysis and Down syndrome facial or other physical features; or
  3. A doctor’s report that you have Down syndrome, facial or other physical features consistent with Down syndrome, and your physical or mental abilities are significantly reduced.
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