Cloverdale, IN asked in Social Security for Indiana

Q: Can my adult my autistic son get disability/SSI if he is working part time? He doesn't make enough to pay his bills.


We have a 27 year autistic son who also suffers from severe anxiety, depression, and asthma. We have applied for and been denied disability benefits a few times now. He is receiving the state health insurance and they require that we keep applying for disability. The Arc of Indiana suggested this site to find a lawyer that may be able to help us with the process. We were told that legal fees could be done on a contingency basis.

Please let me know if you can help us or if you can recommend someone who can.

Thank you in advance for your assistance.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Social Security Disability Lawyer
  • Sacramento, CA

A: Yes, it is possible for your adult autistic son to receive disability benefits such as Supplemental Security Income (SSI) even if he is working part-time, as long as his income and resources are within the eligibility limits set by the Social Security Administration (SSA).

Here are a few key points to consider:

1. SSI is a needs-based program, meaning that eligibility is determined by income and resources, not just disability.

2. The SSA has work incentive programs that allow individuals to earn some income while still receiving SSI benefits. These include the Earned Income Exclusion, which allows the first $65 of earned income (plus half of the remainder) to be excluded from the SSI calculation each month.

3. Your son may also be eligible for Social Security Disability Insurance (SSDI) if he has a sufficient work history. SSDI eligibility is based on work credits earned through payment of Social Security taxes.

4. Seeking help from a disability attorney or advocate can be beneficial when navigating the application and appeals process. Many attorneys work on a contingency basis, meaning they only receive a fee if the case is won and benefits are awarded.

5. Organizations like The Arc of Indiana can provide valuable resources and support for individuals with disabilities and their families.

It's important to keep appealing the denial of benefits and to provide as much medical documentation as possible to support your son's case. Consider reaching out to a disability attorney or advocate who can guide you through the process and help present the strongest case possible to the SSA.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.