What this listing covers
Non-mosaic Down syndrome is a genetic disorder caused by an extra copy of chromosome 21 in all of your cells. This happens through either chromosome 21 trisomy or chromosome 21 translocation. You will typically have characteristic facial or physical features, delayed physical development, and intellectual disability.
You may also experience associated health issues like congenital heart disease, vision impairment, or hearing problems. Because these conditions are present from birth, the SSA considers you disabled if your medical evidence meets the specific documentation requirements of Listing 10.06.
How SSA evaluates a claim under this listing
The SSA evaluates your claim using laboratory findings. The definitive test is a karyotype analysis report signed by a physician. Note that the SSA does not accept fluorescence in situ hybridization (FISH) tests because they cannot distinguish between mosaic and non-mosaic forms of the disorder.
If you do not have a karyotype report, the SSA may still find you disabled if you provide a physician's report confirming your diagnosis and the presence of characteristic physical features. Alternatively, if you lack prior testing, the SSA may accept a physician's report that documents your physical features and evidence that your daily functioning is consistent with a diagnosis of non-mosaic Down syndrome.
Evidence that strengthens a claim
Your most important evidence is a laboratory report of karyotype analysis signed by a physician. If your report is not signed, you must also include a statement from your physician confirming that you have Down syndrome.
If you lack a karyotype report, gather medical records that describe your physical features and your functional abilities. This can include information about your education, work history, or psychological testing results. An attorney can help you gather the necessary medical evidence to meet these requirements.
How an attorney helps
A disability attorney helps you by ensuring your medical evidence aligns with the specific requirements of Listing 10.06, gathering the necessary laboratory reports, and representing you at hearings to present your case effectively.
Frequently asked questions
If you provide the required laboratory evidence or physician documentation as outlined in Listing 10.06, the SSA considers you disabled from birth. An attorney can review your medical records to ensure all necessary documentation is present.
The SSA may still evaluate your claim under Listing 10.06 if you have a physician's report confirming your diagnosis and the presence of characteristic physical features. An attorney can help you determine if your existing medical records are sufficient to meet these requirements.
The SSA specifically evaluates non-mosaic Down syndrome under Listing 10.06. They require documentation that confirms the presence of the extra chromosome 21 in all cells, typically through a karyotype analysis. If you have mosaic Down syndrome, the SSA evaluates your claim based on the severity of your functional limitations in other body systems.
If your claim is denied, you have the right to request a reconsideration and a hearing before an ALJ. An attorney can help you navigate the appeal process and strengthen your evidence.
