Friday, January 22, 2010

Adult Disabled Children

A person who becomes disabled before turning 22 may qualify for benefits from Social Security despite lacking work credits. If the claimant has a parent who is dead or is receiving Social Security disability or retirement benefits, then the claimant can apply for Disabled Adult Children (“DAC”) benefits based on their parents’ work record.

I obtained Social Security Disability (“SSD”) for a police officer several years ago, and then secured auxiliary benefits for his daughter, which stopped when she turned 18. Since then, due to Bipolar Disorder and Asperger Syndrome, the daughter has been unable to work more than half a day per week.

Among other things, I procured reports from the claimant’s psychiatrist and psychologist that explained why the claimant’s condition prevented her from being able to perform substantial gainful activity. DAC benefits were approved, without a hearing, in an amount equal to about half of the father’s SSD benefits, which significantly exceeds the current monthly SSI allotment. Perhaps more importantly, after 24 months, the daughter will be eligible to receive Medicare.

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