First let me say my prayers go out to you. We have a cousin who has an autistic son and I know the challenges.
For a child to get "disability" in this case, it would be under the SSI program of Social Security. That means you must satisfy a means test. Consequently, you must not have much in the way of resources (money) or income. This is a fact specific determination so it is good idea to apply and Social Security will make the determination if you meet the means test.
If you meet the test then you will have to prove your son is disabled according to Social Security's rules. Proving disability of a child is a difficult task. In fact many attorneys will not take these cases due to the low likelihood of success. However, I do take selected cases depending upon the facts and I have been successful. While rules governing childhood disability are complicated, in a nutshell, the child's functioning and progress is compared to their peers. It is this comparison that is used to create a picture of how the disability affects the child and if it is severe enough to award benefits.
I hope that gives you a starting point.
Actual legal advice can only be provided by an attorney licensed in your jurisdiction, with experience in the area of law regarding your question. The information provided is for informational purposes only and is not legal advice.
My colleague has provided you with solid advice, I hope you will use his wisdom in your decision making.
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.
You have a difficult situation. You can file for Supplemental Security Income (SSI) for him. This is essentially Welfare Disability so you do have to pass a means test. If you can pass this and you have the support of your health care providers, then you may have a chance at this. I practice Social Security Law in Virginia but Wise County, Virginia would probably be too far. I would suggest the Nosscr.com website for a SS attorney near you.
This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.