Cerebral Palsy and Qualifying for Social Security Disability Benefits
Author: Attorney Greg Reed
Updated: 8/2/2024
Can I get disability benefits if I am suffering from the effects of Cerebral Palsy?
The Social Security Administration recognizes cerebral palsy as a disabling impairment under Section 11.07 Cerebral palsy. To qualify, you must have a diagnosis of cerebral palsy and demonstrate specific limitations in movement, communication, or physical functions. You should be prepared to submit complete medical records and non-medical evidence, including statements from yourself and others regarding your condition and restrictions. It’s important to discuss your condition with your medical providers and ensure they describe your limitations and symptoms in detail. You will need to demonstrate that your medical condition prevents you from working full-time.
Can I get Disability Benefits for Cerebral Palsy?
Approximately one million children and adults in the United States have some type of cerebral palsy. Cerebral palsy, or CP, is a group of neurological conditions that affect a person’s movement and posture. It is caused by damage to the developing brain, often before birth, and affects a person’s muscle control, coordination, posture and balance. Adults with CP face special health challenges as they grow older, and the day-to-day challenges of the workplace may increase through time. If you have cerebral palsy and it has impacted your ability to work, you may be eligible for Social Security Benefits.
To be eligible for Social Security disability benefits, first you must: 1) have a disability that has lasted or is expected to last 12 months; 2) you must have worked in a job where you paid Social Security taxes long enough and recently enough; and 3) you must not earn more than Substantial Gainful Activity (SGA), which is $1,620 per month in 2025 for nonblind applicants and $2,700 per month for blind applicants.
If you earn more than the SGA amount, your claim will be denied, and if you have not worked enough recently to earn the necessary amount of work credits, Social Security will deny your claim.
If you satisfy the above financial requirements, you may qualify for Social Security Disability income if your disorder matches an impairment listed in Social Security’s Blue Book, a manual which lists impairments Social Security considers disabling and may automatically qualify for benefits.
To qualify under this listing, you must have a diagnosis of cerebral palsy, and you must demonstrate one of the following:
- An inability to control movement of two extremities, such as an arm and a leg or two arms and two legs, resulting in extreme limitation to use the upper extremities, balance while walking or standing, or stand up from a seated position; OR
- Significant limitation in communicating due to problems with speech, hearing or vision; OR
- Seriously limiting physical functions and limitations in one of the following:
- Understanding, remembering, and applying information;
- Concentrating, persisting, or maintaining pace;
- Interacting with other; or
- Regulating emotions, controlling behavior and adapting to change.
In general, your symptoms may match the criteria of this listing if:
- You have difficulty communicating with others because you have a speech impediment, poor vision or you are hard of hearing;
- You are unable to walk without crutches, a brace, or depend on someone to support you.
- You are unable to reach, push, pull, lift, carry, and/or hold on to small items, such as a pencil.
- You have trouble understanding and carrying out instructions.
- You are emotionally unstable and have difficulty in social situations.
You should be prepared to submit to Social Security your complete medical records, including your medical history, detailed doctors’ notes regarding your limitations, exam findings, results of laboratory tests, and imaging such as x-rays, CT, MRI, and EEG as well as prescribed treatments and medications and your response.
Social Security will also consider non-medical evidence such as statements from you and others regarding your condition and restrictions, your daily activities and efforts to work. Discuss your condition with your medical providers and make sure they describe your limitations and symptoms in their notes in detail. Social Security will compare your doctor’s notes with what you say in your application. You will need to demonstrate that you are following your doctor’s treatment plan, and despite that your medical condition still prevents you from working full-time.
It’s also important to keep track of your work absences.
Once Social Security determines your limitations caused by your condition, they will have a vocational expert assess whether a person with those same limitations is employable.
“Once Social Security determines the limitations caused by your condition, they will employ a vocational expert to assess whether a person with these limitations is employable. Most vocational experts will find a person to be unemployable if their condition or the treatment rendered for the condition causes the person to regularly be absent two or more days a month or be “off-task” 15% or more of the workday.”
If your cerebral palsy symptoms don’t match a listed impairment, you may still qualify for SSDI based on your limitations and restrictions.
Social Security will conduct a Residual Functional Capacity assessment to evaluate how your disability affects your ability to perform your old job or if there is any other job you are able to perform, taking into account whether or not you are able to drive, your age, and level of education. For example, you may be restricted from work that requires lifting, reaching, typing, writing, or grabbing. If you have difficulty walking or keeping your balance, you may be limited to sedentary jobs. If Social Security decides you cannot do your old job or don’t have the skills to perform a new job, you may be approved for a Medical-Vocational Allowance.
You may also be eligible for Social Security Disability benefits if you have another medical condition.
All people with CP experience problems with movement and posture, but others are also impacted by other conditions such as seizures, limited vision or hearing, changes in the spine or intellectual disorders. One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Filing a claim for disability benefits and getting approval can be a long, complicated process.
Most initial applications are denied, but you may appeal and evidence shows that your chances for approval are increased significantly if you have legal representation. At each potential stage of the process, from the initial application stage to the reconsideration stage and the ALJ hearing stage, an attorney can assist you in completing the detailed forms and questionnaires required by Social Security, collecting and submitting relevant medical evidence, and preparing questionnaires for your doctors. At the ALJ hearing phase an attorney will not only continue to assure that the evidence is complete, but prepare you for questioning by the ALJ, prepare an argument on your behalf and question any doctors or vocational experts selected by the ALJ to testify at the hearing. At the Appeals Council and federal court level, a lawyer can present legal arguments to show your case was wrongfully denied. Fees charged by disability attorneys are regulated by federal law and are usually 25% of disability backpay you are owed. There are no out-of-pocket costs, and if you don’t win your case, you won’t be charged anything.
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Disability Benefits FAQs
Social Security has some basic financial requirements.
Before you are eligible for Social Security disability benefits, you must satisfy some basic financial requirements. You must: 1) have a disability that has lasted or is expected to last 12 months; and 2) you must have worked in a job where you paid Social Security taxes long enough and recently enough; and 3) you must not earn more than Substantial Gainful Activity (SGA), which is $1,620 per month in 2025 for nonblind applicants and $2,700 per month for blind applicants.
Basic SSDI Requirements –>
You may also be eligible for Social Security Disability benefits if you have another medical condition.
One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Disability for Multiple Impairments –>
If you are 55 or older or have another medical condition you may get approval.
Applicants who are 55 or older often fall under a grid rule, which means they are not expected to learn a new job.
Disability for those over 55 –>
You may also be eligible for Social Security Disability benefits if you have another medical condition.
One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Disability for Multiple Impairments –>
Should you file a claim?
If you believe that you meet Social Security’s medical and financial requirements, you should apply for benefits. If you are still unsure or would like to talk to someone, please contact us at 512-454-4000. We are always ready to take your call and discuss your options with you free of charge. We are happy to help folks just like you find the best solution for their personal situation.
How do I file for Social Security Disability benefits?
Once you have decided to file a claim, you can take the first step and apply for Social Security Disability benefits in person at your local Social Security Administration office, online, or over the phone.
How to Apply for SSDI –>
Appealing denied benefits
Most who file are denied initially. That doesn’t mean you won’t qualify; you just need to file an appeal.
There are four steps to the Social Security appeal process.
SSDI Appeals Process –>
Do I need a disability attorney for SSDI?
You may certainly file a claim on your own, but evidence shows that your chances for approval are increased significantly if you have legal representation.
Do I need an SSDI attorney–>
What if I don’t qualify for SSDI?
If you haven’t worked long enough to earn enough work credits, or if you earn too much income, you may be eligible for disability benefits through another Social Security program, such as Supplemental Security Income (SSI), or from a long-term disability insurance plan through your employer or a privately purchased policy.
What is Supplemental Security Income or SSI?–>
I have long-term disability insurance – should I file a claim?
Absolutely – you should file a claim as soon as you become disabled.
LTD Disability Appeals Process–>
Disability benefits are an important source of income for those who are unable to work. If you are not able to work due to accident or illness, you may be eligible for Social Security Disability or Long Term Disability benefits. If you have applied for benefits and been denied, contact the attorneys at Bemis, Roach and Reed for a free consultation. Call 512-454-4000 and get help NOW.
Author: Attorney Greg Reed has been practicing law for 29 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Reed obtained board certification from the Texas Board of Legal Specialization. Greg is admitted to practice in the United States District Court - all Texas Districts and the United States Court of Appeals-Fifth Circuit. Mr. Reed is a member of the Travis County Bar Association, Texas Trial Lawyers Association, past Director of the Capital Area Trial Lawyers Association, and an Associate member of the American Board of Trial Advocates. Mr. Reed and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.
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