Exploring the Financial Landscape: Disabled Adult Child Benefits and Other Government Assistance Programs

What is a Disabled Adult Child?

A disabled adult child is an individual with a disability that started before the age of 22. This individual must be unmarried and be 18 years of age or older, plus meet the Social Security Administration’s definition of disability for adults. A disabled adult child can be a biological child, an adopted child, a stepchild, a grandchild, or a step-grandchild. Any adult with a disability that began before age 22 may be eligible for benefits if their parent passes away or starts receiving retirement or disability benefits.

Disabled adult children are named as such because their benefits are paid on a parent’s Social Security earnings record. For instance, let’s say that a worker retires and starts collecting retirement benefits at the age of 65. His child, an unmarried 42-year-old who has down syndrome, can begin collecting disabled adult child benefits on his father’s Social Security record.

A disabled adult child does not need ever to have worked a job to be considered for disability benefits. These benefits are paid based on the parent’s earnings record, not on the child’s. However, a disabled adult child cannot have a substantial income and still qualify for benefits. The income limit increases every year, although for 2023, disabled adult children cannot earn more than $1,470 per month and still qualify.

Children who receive Supplemental Security Income (SSI) may stop receiving these benefits once they turn 18. Child disability criteria and adult disability criteria are different, which is why these benefits often stop once a child becomes a legal adult. Disabled adult children benefits can help individuals with disabilities continue to receive benefits payments to fund their housing, food, and other necessities.

If you are a disabled adult child or you are the parent of a disabled adult child, securing benefits under government programs can be confusing. Fortunately, you always have the right to consult with an experienced legal team to help you submit disability applications and maintain your eligibility status. If you need help or would like clarification on anything about the disabled adult child benefits process, contact our team today. Call 480-999-4740 to speak with a member of our team.

How Can a Disabled Adult Child Receive Disability Benefits?

If you are a disabled adult child and you are interested in receiving disability benefits, you can contact the Social Security Administration and request an appointment. Currently, you cannot apply for disabled adult child benefits online. You can, however, complete an Adult Disability Report online and bring it to your appointment to expedite the application process.

To qualify for disabled adult child benefits, you must meet the following criteria:

• Your parent is deceased, OR your parent has started receiving retirement or disability benefits
• You are unmarried
• You are 18 or older
• Your disability started before you turned 22
• You meet the definition of disability for adults

Once the Social Security Administration receives your application, your information will go through a five-step evaluation process before it is accepted or denied. All disability benefits, including SSI and SSDI applications, go through this five-step evaluation.

Below are the questions the Social Security Administration will use to evaluate your disability benefits application:

• Is the applicant working? If so, the application will likely be denied without considering the severity of the disability. In most claims, the disabled adult child has never worked or has only briefly attempted to work without rising to the level of substantial gainful activity.
• Does the applicant have a severe impairment? Severe conditions impact an applicant’s ability to perform work-related activities for at least 12 months.
• Does the condition meet the requirements of Listed Impairments? Conditions must meet the level of Listed Impairments set by the Social Security Administration.
• Can the applicant return to their past occupation? Past work experience is any job performed in the last 15 years. However, most applicants for disabled adult child cases do not have any past work experience.
• Can the applicant do any other type of work? Anyone under the age of 50 must prove that they cannot work any job at all before being approved for disability benefits.

If you meet all the requirements for disabled adult child benefits and have a medical condition so severe that it limits your ability to work any job, your application will likely be approved. You must submit medical evidence like test results and statements from doctors to prove that you have a severe disability. If you have questions about the application process or would like help applying, contact our team for assistance.

Can a Working Disabled Adult Child Receive Benefits?

Disabled adult children who are currently employed may have a challenging time receiving benefits. In most cases, the SSA will only approve applicants whose disability is so severe that they are unable to work. However, there are some exceptions to this rule.

If any of the following conditions are true, a working disabled adult child may still be able to receive benefits:

• The work is below the level of substantial gainful activity. In most cases, if an individual’s income is above $1,470 per month, it is considered substantial gainful activity. Work below this income level is not considered for disability benefits purposes.
• The work was not gainful after deducting impairment-related expenses. Impairment-related work expenses, like medical devices needed to perform job duties, are automatically deducted from income levels. If the deduction causes income to fall below substantial gainful activity, it is not considered gainful.
• The work was an unsuccessful attempt. If the job lasts less than six months due to an impairment or disability, it is considered unsuccessful.
• The work was subsidized or under other special conditions. Certain charities and organizations provide job opportunities for disabled adults. If a disabled adult performs job duties under supervision or through a special program, the SSA will decide if their work is gainful.

While being employed and receiving disability benefits is difficult, it is not impossible. If you are a disabled adult child and are currently working, our office can help you provide the necessary information to the SSA to get your benefits approved. In most cases, you will need to include your work history and any impairment-related expenses along with your application. The SSA will then evaluate your work history and compare it to the income levels for substantial gainful employment. If SSA agents have questions or need more documentation, they will contact you before processing your application.

Can a Child Already Receiving SSI Continue to Receive Those Benefits?

Supplemental Security Income (SSI) benefits are available to many disabled children. If a child is already receiving SSI benefits at the time they turn 18, they can continue to receive SSI benefits along with disabled adult child benefits. If the SSI benefit exceeds the DAC benefit, the SSA pays the individual the higher amount.

To retain SSI benefits, an individual must meet the adult disability criteria, which are different from the child disability criteria. Continuing to receive SSI benefits into adulthood can make it easier for a disabled adult child to apply for DAC benefits once they are eligible, as they have already provided medical evidence showing that their disability began before the age of 22.

What Happens if a Disabled Adult Child Gets Married?

In most cases, if a disabled adult child gets married, they will lose their DAC benefits. If a disabled adult child marries another disabled adult child, the benefits are allowed to continue in most instances. The SSA uses its discretion to determine whether DAC benefits can continue on a case-by-case basis.

DAC benefits can also be at risk if a disabled adult child performs substantial gainful activity. If a DAC beneficiary starts earning above the income limit and none of the exceptions to the income apply, they will lose DAC benefits.

If you receive notice that your DAC benefits are stopping, reach out to our team immediately. You have two months to appeal this decision and request a hearing before a judge. You can present evidence, including impairment-related work expenses, pay stubs, and a detailed timeline to prove that you are still eligible for benefits and should continue receiving monthly payments.

What Other Resources Are Available for Disabled Adult Children?

DAC benefits are useful resources for many, but they may not cover all expenses. Similarly, if you are a DAC beneficiary and are planning to get married or get a job, it’s important to know what your other options are.

Below are some other government benefits that may be options for you:

• Medicare: Children over the age of 20 who have received SSDI for two years are eligible for Medicare. Depending on your coverage, Medicare may cover hospital stays, surgery, home healthcare, outpatient services, and more.
• SSI: Supplemental Security Income is a monthly benefits program available to disabled adults with limited financial resources. Many disabled adult children who qualify for DAC benefits also qualify for SSI. If you had already been receiving SSI benefits as a child, you are most likely still eligible to receive them as an adult.
• SSDI: Social Security Disability Insurance is a monthly benefits program for individuals who have worked recently and have paid Social Security taxes on their income. If you have performed substantial gainful activity, SSDI may be the program for you.
• Medicaid: Medicaid provides health coverage to individuals below certain income limits. Most Medicaid programs are run by the state, so you can check your state’s official Medicaid site to see if you qualify.

Because there are so many different government programs available, choosing the right one can be difficult. Our team of attorneys can examine your situation and guide you through picking a benefits option that’s right for you. We can walk you through the application process and even help appeal a decision if you are denied. Contact our office today if you need assistance getting government benefits to support yourself or your family.

How Can an Experienced Attorney Assist Me?

Maintaining your government benefits as a disabled adult child can mean the difference between supporting yourself and struggling to make ends meet. If you are an adult whose disability started before 22 and your parent is now deceased, retired, or collecting Social Security benefits, you have the right to receive disabled adult child benefits. These benefits are different from other programs and require more information, like documentation about your parent’s work history and Social Security payments. The application process can be confusing, as there is much less information online about it than for applications for SSI and SSDI benefits.

Fortunately, with an experienced legal team on your side, you can apply for DAC benefits with few issues. Because our team has so much experience in the Social Security disability benefits system, we know exactly what the SSA office is looking for in your application. We can help you gather the necessary information to prove that you have a severe enough disability that warrants DAC benefits. If your application is denied, we can also help you go through the official appeals process to get it approved.

At Roeschke Law, our team is dedicated to representing our clients and guiding them through the benefits process. We understand that attempting to get benefits can be overwhelming, especially if this is your first time dealing with the SSA or its rules. We are confident that with our experience and legal knowledge, we can make this process much easier for you. If you would like more information about our services or have any questions about DAC benefits, don’t hesitate to give us a call. Contact our office today at 480-999-4740.