Adult Disabled Child

The Social Security Disability Insurance (“SSDI”) program pays benefits to adults who have a disability that began before they became 22 years old. SSDI is considered a “child’s” benefit because the amount of it is based on a parent’s Social Security earnings record. For a disabled adult to become entitled to this “child” benefit, one of the parents must be receiving Social Security retirement or disability benefits, or have died and have worked enough to qualify for Social Security. 

A minor child can receive benefits when a parent receives Social Security Disability (“SSD”) benefits. After reaching majority, if disabled using the disability rules for adults, a child is eligible to continue receiving benefits on that parent’s record. Disabled Adult Child (“DAC”) benefits continue as long as the individual remains disabled. A child does not need to have worked to get DAC benefits. It should be emphasized that you do not have to be under 22 years of age in order to apply for DAC benefits. 

We represent a claimant whose DAC benefits were approved today, who is currently 33 years of age. We were able to establish that his mental impairments rendered him disabled as of 2008, at which time he was 21 years old.

Knowing the Social Security case law is critical to preparing your claim, and appealing it all the way to federal court if necessary. When retaining a disability attorney to handle your SSD claim, be sure to ask them about the extent of their experience litigating these matters. Please call my office for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.