Federal Government Assistance Programs and Protections
Overview: This article discusses protections and assistance provided by the federal government to disabled individuals - specifically explaining financial support, medical care, federal protections, and various accommodations. State protections cannot take away a federal right, but they often do supplement and/or administer federal protections and assistance.
While not every individual with autism spectrum disorder (ASD) identifies as disabled, from a legal perspective ASD is classified as a disability and if the person’s symptoms meet certain criteria they are protected by federal laws and potentially eligible for one or more government assistance programs. Federal programs are the same for all individuals, regardless of where they live. Additional state protections vary and are too exhaustive for analysis in this article. Instead, at the end of this article we have appended a list of state resource centers, which are organizations dedicated to providing information to help families and individuals with disabilities.
Federal Government Assistance
Direct Financial Assistance:
There are two federal benefits programs that provide direct financial assistance for individuals with a proven disability and that meet certain criteria. The programs are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Social Security Disability Insurance (SSDI), pays cash assistance and other benefits for people with a handicap. It is offered to individuals, 18 and older, who are disabled and have paid into Social Security through taxes. Individuals with ASD may be eligible for SSDI if their condition significantly limits their ability to work in a substantially gainful activity for at least 12 months and if they have a sufficient work history to have earned enough work credits through their employment. An application for SSDI is made through the Social Security Administration. The eligibility requirements and application process can be complex, and it is recommended to consult with an attorney or disability advocate for assistance.
Supplemental Security Income (SSI) is the second, and larger, federal governmental program for the disabled. Interestingly, SSI is paid for by general tax revenues and not Social Security taxes. SSI is available to children and adults who meet the medical disability requirements of the Social Security Administration (SSA) but have little income or resources.
In determining financial eligibility of minors, part of the parent’s income is attributed to the child. After turning 18, the disabled child will need to qualify for SSI as an adult. Social Security will evaluate whether their medical condition fits the adult definition of disability. While the family's income will no longer be considered as part of the eligibility determination for SSI, if the child still receives food and shelter from the parents, the Social Security Administration (SSA) will lower the child's disability payment.
Information and forms to apply for SSI and SSDI can be found at www.ssa.gov/disability. The application can be made via phone (1-800-772-1213), in person at a local Social Security office, or online using the above link. After an application is submitted there will be an interview and then a final decision that can be appealed if benefits are denied. Although the application process is straight forward and can be made without an attorney, having legal counsel in the process is estimated to make chances of approval three times greater.
Medicaid:
In addition to direct financial support, Medicaid provides health care coverage to people with disabilities who are below certain income caps. Funded by both the federal and state governments, this program varies greatly, depending on location. In most states, if a child with disabilities receives SSI, they are automatically qualified for Medicaid. In other states, the child may qualify based on meeting the income and resource requirements. In addition, for some Medicaid waiver programs, if the child is cared for at home but requires the level of care provided in an institution, they can be found eligible. These income waiver programs are called “Katie Beckett waivers” and they basically waives income requirements for Medicaid so that children of all income levels can receive in-home care. These are state programs and vary by each state. Search your state + “Katie Beckett” to learn more.
In addition to covering health care, Medicaid pays for durable medical equipment and, depending upon the state’s waiver programs, in-home support and other community-based services. Given long waiting lists for many waiver programs, it is advisable to sign up early.
Regardless of disability or support needs, once an individual turns 18, they become a legal adult and have full legal decision-making power over their life. For some ASD adults, nothing will need to change, but others may need continued assistance. Autism Learning Lab professionals are skilled at helping to prepare for the transition to adulthood, which may include consideration of a legal guardianship and conservatorship, or less restrictive alternatives such as supported decision-making, durable power of attorney, medical power of attorney, and joint bank accounts among others. It’s important to consider these issues and make plans prior to your loved one’s 18th birthday as some of the processes can take time to get into place.
Financial Independence!
Special Needs Trust
ABLE Accounts
Financial Planning for Adult Children with ASD:
While a child is under the age of 18, their eligibility for government benefits is based on the parents’ income and assets. As a result, most children with special needs do not qualify for these benefits. Once an individual reaches age 18, however, eligibility for government benefits is based on their own income and assets. If they have no assets and are not able to earn a significant income, they may continue to receive these benefits for life. Those benefits could be disrupted if parents pass away and leave assets to their child through an estate. The inherited assets would be owned by your child and could disqualify them from receiving Medicaid and SSI. Your child’s inheritance could quickly dissipate with living expenses, leaving them no better off than if they had not received an inheritance. It is possible to endow your child without disqualifying them from eligibility for government assistance, by creating a special needs trust (SNT), sometimes referred to as a supplemental needs trust, and/or by funding an ABLE account.
Special Needs Trust:
A SNT is a legal vehicle enabling assets to be held on behalf of someone with disabilities without affecting their eligibility for means-tested public benefits. While assets held by the trust are not “countable” for the purpose of qualifying for such programs, there are strict regulations regarding disbursements. SNTs are meant to supplement the funds and services available through government programs. A SNT can be a very powerful aid in managing care for a family member with a disability. It can provide supplemental items like therapy, respite care, dental work, companions, entertainment, education — all without interfering with the beneficiary’s SSI, Medicaid or other government programs. An estate planning attorney will be able to evaluate your specific situation and help you create a SNT if appropriate.
ABLE Accounts:
Another method to prepare for a disabled child’s financial independence is through an Achieving a Better Life Experience Act (ABLE) account. This Act was passed in 2014 and basically provides a tax advantage to those saving for the needs of the disabled. ABLE accounts, while authorized by federal legislation, are administered under state programs developed in accordance with the federal act. As of January 2025, every state except Idaho, Wisconsin, South Dakota and North Dakota have ABLE programs. Some states allow non-residents to open accounts and some states even offer state income tax breaks for opening an ABLE account. An ABLE account does not provide all or the same benefits as a trust, but there is no reason that a family cannot use both.
Saving in an ABLE account does not impact Medicaid benefits, regardless of how much money is in the account. However, any amount over $100,000 in an ABLE account counts towards the individual’s resource limit and may cause Supplemental Security Income (SSI) benefits to be reduced or suspended.
At this time, to be eligible for an ABLE account, a person’s disability must have begun before the age of 26. On January 1, 2026, the ABLE Age Adjustment Act will expand eligibility to include people who have a disability that began before age 46.
An ABLE account must be opened and maintained by a parent, guardian, or designated agent, someone that is said to have “signature authority”. But withdrawals can be made by either the beneficiary or the signature authority. The IRS provides a prioritized list of who may open an account on behalf of an eligible individual, starting with someone they select, followed by legal representatives, family members, and representative payees. An account opened by a representative payee appointed by the SSA must follow all Social Security account rules and regulations.
Contributions to ABLE accounts are subject to annual and cumulative limits and are treated as gifts for federal gift tax purposes. Annual contributions to an ABLE account are currently limited to $19,000 (2025). This amount is tied to the federal annual gift tax exclusion limit and may be adjusted periodically to account for inflation. In addition, the beneficiary can contribute from their own earnings a little bit over $12,000. The cumulative maximum contribution is $550,000. These limits are the maximum amounts allowed by federal law, but each state act set limits which can reduce, but not exceed, the federal amounts. For instance, in Alabama the current contribution limit is $12,000 per year, while in California it’s $14,000. Each state has its own unique features and benefits, so it's crucial to do your research before making a decision.
There can only be one ABLE account for an individual and in many states when the individual dies any remaining funds not used for burial expenses will be reverted to the state to reimburse them for services provided during the individual’s life.
The beneficiary of an ABLE account can be changed, and the funds can even be rolled into a different account. If you have two children with disabilities, for example, you could roll some into that other sibling's account. A 529 education savings account can also be converted to an ABLE account, which is beneficial if a 529 account is established before a child is diagnosed with ASD. Contributions to ABLE accounts are post-tax, but like a Roth IRA, withdrawals are tax free so long as the funds are utilized for an authorized purpose for the beneficiary. In addition to the tax-free growth, ABLE accounts may offer savings, checking, and investment options.
Funds in an ABLE account can be used to purchase qualified disability expenses, defined broadly by the IRS as something that helps the person stay healthy, independent, and have a good quality of life. Some examples include education, housing, transportation, training, funeral/burial expenses, basic living expenses, food, property taxes, rent/mortgage, utilities, legal fees, and expenses for the account itself. This provides flexibility for the usage of the ABLE funds, leaving it open to items or services that relate to the unique needs of each account owner.
Federal Protections and Accommodations
American with Disabilities Act:
The Americans with Disabilities Act (ADA), enacted in 1990, is a comprehensive civil rights law that prohibits discrimination against individuals with disabilities in various areas of public life, including jobs, schools, transportation, and all public and private places open to the general public. The ADA’s primary goal is to ensure that people with disabilities have the same rights and opportunities as everyone else. This includes issues involving hiring, firing, promotions, pay, and benefits. In addition, if you require certain accommodations to effectively perform the responsibilities of your job, your employer may be legally required to provide these accommodations without any undue burden to you. These protections span all industries across the public and private sector, including private business, employment agencies, educational institutions, local and state government entities, and labor organizations.
ADA Disability Criteria:
ASD generally meets the ADA’s definition of disability due to its potential to substantially limit one or more major life activities. The key aspects of ASD that often qualify as substantial limitations under the ADA include:
Social interaction and communication: Many individuals with ASD experience challenges in understanding social cues, maintaining conversations, and building relationships.
Adaptive functioning: Some people with ASD may have difficulties with independent living skills, time management, or adapting to changes in routine.
Sensory processing: Hypersensitivity or hyposensitivity to sensory stimuli can significantly impact daily functioning.
Executive functioning: Challenges with planning, organizing, and problem-solving are common in ASD.
Emotional regulation: Difficulties in managing emotions and stress can affect various aspects of life.
ADA Employment Protections:
For individuals with ASD, the workplace can present specific challenges. These may include difficulties with social communication and interaction, sensitivity to sensory stimuli, and a need for routine and structure. However, with the right support and accommodations, individuals with ASD can thrive in a work environment.
Under the employment aspects of the ADA (found in Title I), employers are legally required to make reasonable accommodations for an employee with a disability, so long as the accommodation does not pose an "undue hardship" to the employer. Factors considered under hardship include maintaining performance standards and essential job functions. These accommodations may include modifications to work schedules or policies, physical changes to the workspace, the provision of specialized equipment or devices, job restructuring, adjustment of supervisory methods, and job coaching.
An employee can request an accommodation at any time and if additional arrangements are needed, it is the employee’s responsibility to approach the employer. When seeking accommodations, it's important for the employee to communicate their needs with the employer. It is recommended to use plain English and provide a reason related to a medical condition. Although this requires some level of disclosure about the disability, the employee does not need to disclose specific disability-related details. The focus should be on the accommodation needed to perform job tasks effectively. This communication can be a collaborative process, with both parties working together to develop effective accommodations.
If an accommodation request is denied, employees have several options. They can appeal the decision by providing additional information, suggesting alternatives, filing a grievance with a union, or filing a complaint with the Equal Employment Opportunities Commission (EEOC) or your state’s enforcing agency.
ADA Public Accommodations
The ADA provides civil rights protections to people with ASD in public accommodations, employment, transportation, state and local government services, and telecommunications.
Education:
In Education, the Every Student Succeeds Act (ESSA) and the Individuals with Disabilities Education Act (IDEA '04) mandate evidence-based practices and programs to support children with ASD. These laws guarantee that all children in the U.S. have a right to a "free appropriate public education." For children with ASD, this may include the creation of an Individualized Education Program (IEP).
An IEP is a personalized plan developed for students who are neurodiverse, outlining their unique educational goals, learning needs, and the services they require. Because ASD encompasses a wide range of challenges, an IEP holds immense significance. An IEP addresses the student’s specific needs, tailoring education to support their strengths while addressing areas that need to be managed. It may include various interventions, accommodations, and specialized teaching methods to help the person thrive academically and socially across a multitude of environments.
The IEP serves as a roadmap, guiding educators, parents, and related service providers in delivering targeted support for students with ASD. By establishing clear objectives and strategies, it ensures that the student receives a customized education designed to meet their individual requirements. The goal is to create a situation where everyone can learn. Moreover, it fosters collaboration among teachers, therapists, and parents, promoting a comprehensive approach to supporting the student’s development in various areas such as communication, behavior management, social skills, and academics.
Key parental rights in the IEP process include the right to participate in all meetings related to their loved one’s education, the right to provide input and consent regarding evaluations and services, and the right to request changes or revisions to the IEP. Additionally, parents have the right to access educational records and to seek independent evaluations if they disagree with the school’s assessments. These rights ensure that parents have a voice in shaping the educational journey of their loved one, fostering a collaborative partnership between families and educational professionals.
Additionally, the IDEA mandates that all schools must add a transition plan for students with IEPs that meet the following criteria:
Added before student turns 16.
Individualized to the student.
Based on the student’s strengths, preferences, and interests.
Includes opportunities to develop functional skills for work and community life.
Infants and toddlers, birth through age 2, with disabilities and their families may also be eligible for early intervention services under IDEA Part C.
When a child graduates from high school with a regular diploma or reaches the age of 22, entitlement to rights under IDEA IEP ends. For these individuals, as well as those whose condition do not meet the qualifications of an IDEA IEP, Section 504 of the Rehabilitation Act of 1973 (discussed above) provides protections against discrimination.
The major differences between IDEA and Section 504 are in the flexibility of the procedures. For a child to be identified as eligible for services under Section 504, there are less specific procedural criteria that govern the requirements of the school personnel. Schools may offer a student less assistance and monitoring with Section 504 because there are fewer regulations by the federal government to instruct them, especially in terms of compliance. Please see the article “Securing and Utilizing Support at School“ on this site for a more comprehensive discussion of these essential educational protections.
Programs and Housing that Receives Federal Financial Assistance:
Section 504 also prohibits discrimination on the basis of disability in any program or activity that receives federal financial assistance. This means, for example, that ASD individuals may not be denied the opportunity to participate in a program or activity because of their disability; may not be required to accept a different kind or lesser program or service than what is provided to others without disabilities, and may not be required to participate in separate programs and services from those available to persons without disabilities, even if separate programs and services exist. In general, with respect to housing, a housing provider may not deny or refuse to sell or rent to a person with a disability, and may not impose application or qualification criteria, rental fees or sales prices, and rental or sales terms or conditions that are different than those required of or provided to persons without disabilities. Housing providers may not require persons with disabilities to live only on certain floors, or in one section of the housing. Housing providers may not refuse to make repairs and may not limit or deny someone with a disability access to recreational and other public and common use facilities, parking privileges, cleaning or janitorial services, or any services which are made available to other residents without disabilities. Additionally, persons with disabilities may not be denied the opportunity to serve on planning or advisory boards because of their disabilities.
Legal resources for ASD-related discrimination:
If you or a loved one has experienced discrimination due to ASD, in addition to private attorneys there are governmental agencies that enforce the above discussed legal protections. These agencies include:
The EEOC for employment-related issues (EEOC Disability-Related Resources | U.S. Equal Employment Opportunity Commission)
The Department of Justice’s ADA Information Line (ADA Information Line | ADA.gov // 1-800-514-0301 (voice) // 1-833-610-1264 (TTY))
Office of Civil Rights (OCR) OCR Home | HHS.gov
Disability Rights Legal Centers, which exist in many states
The information provided in this article is by no means a comprehensive planning guide, but hopefully it has sparked ideas and provided some guidance on how to start the search for assistance or advocacy. As usual, do your due diligence and consult a professional as necessary. And don’t forget to check for state and local resources using the attached State Resource Guide.
