Disabled Adult Child Benefits

Most people are unaware that there are special situations where a "child" over the age of 21, who is disabled, can apply for Social Security Disability ("SSD") benefits under one of their parents' social security record ("SSR").  One of the parents must be receiving SSD benefits, Social Security Retirement benefits, or have passed away.   Thus, a person over 22 years of age, who did not have enough work history to apply on their own SSR, can apply on a parent's SSR.

We represent a 22 year old client from Bethpage, New York with mental impairments, who lacked sufficient work credits to apply on his own SSR for SSD benefits.  He would have had to apply for Supplemental Security Income ("SSI"), and his monthly benefit would have been much lower.  Moreover, since he lived with his mother he may not have even qualified for SSI benefits.

When he first contacted us, we asked him if either of his parents received SSD benefits.  Because he advised us that his mother was receiving SSD benefits, we were able to apply for his SSD benefits under his mother's SSR.

We received a fully favorable decision from ALJ Tirrell, after supplying medical records that he requested in addition to the medical evidence we had already submitted.

This is another example of why you should retain an experienced disability attorney if you plan on applying for SSD.  Our office, located in Melville, Long Island, offers a free phone consultation.

Multiple Sclerosis

Multiple Sclerosis (“MS”) is a disabling disease because of its symptoms.  Merely having objective evidence for the diagnosis is insufficient to secure disability benefits.

We represent a 32 year old with MS from Bethpage who worked as a teacher.  The MS diagnosis was never challenged, but the State agency denied Social Security Disability (“SSD”) benefits.  We obtained reports from the claimant’s neurologist, internist, pain management specialist, and chiropractor explaining why the claimant’s symptoms interfered with her ability to work consistently.  Based on those reports, the administrative law judge (“ALJ”) agreed that the claimant would be off task at least 21% of the time.  Then, based on the testimony of the vocational expert, the ALJ determined the claimant was disabled.

You cannot assume that you will get approved for disability based on a medical diagnosis.  It’s important to know what information, beyond a diagnosis and medical records, would be needed to have your claim approved.  This is why we always recommend hiring an experienced disability attorney to represent you for your SSD claim.  Our office, located on Long Island, offers a free phone consultation.  Please call us if you want to apply for disability and we will discuss your options with you.