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What Are Disabled Adult Child Benefits?

Mon, 17 Jun 2024 22:50:18 GMT

Some of the most heartbreaking calls that I receive are from parents with disabled children who are either reaching adulthood or have already become adults. The common concerns are: what happens to my child when I die; who will take care of them; and how will they be able to financially survive? Unfortunately, not every parent has the means to have life insurances, trust provisions, or enough savings in place to take care of that adult child after their death. And while Supplemental Security Income (SSI) may be an option for those disabled adult children, will it be enough? Will Medicaid that comes with an SSI benefit be enough health coverage to take care of their healthcare needs?

Most disabled children under the age of 18 are generally only eligible for Supplemental Security Income (SSI) benefits if they meet the guidelines of the means test- financial guidelines that consider assets and income of the household. If SSI benefits continue after the 18th birthday, the adult child should check to see if benefits may be payable on a parent's earnings record. Higher benefits might be payable, and entitlement to Medicare may be possible.

Unlike SSI, Disabled Adult Child (DAC) benefits are not subject to the means test, but rather rely on the parent’s work record. Typically, the average adult receiving disability benefits has worked long enough to receive insured status under the Social Security Disability Insurance (SSDI) program. However, an adult who becomes disabled before turning 22 can also qualify for SSDI if he has a parent who meets certain qualifications.

The adult child—including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild—must be unmarried and age 18 or older. An adult disabled before age 22 may be eligible for DAC benefits if a parent is deceased, starts receiving Social Security retirement benefits, or Social Security Disability Insurance benefits. This is considered a DAC benefit, because it is paid on a parent's Social Security earnings record. No benefits through SSDI would be payable on the record of a parent who never worked.

First, the disabled adult child, a person with a disability that manifested itself before age 22, must be disabled according to the SSA's adult disability standards. Second, the disability must have occurred before the potential beneficiary turned 22. Third, the potential beneficiary's parent must have paid into the Social Security system for the required number of quarters. Finally, and most importantly, the potential beneficiary's parent must be either deceased, drawing SSDI, or receiving Social Security retirement benefits.

If an adult disabled child and his parent meet all of these qualifications, then the adult disabled child should be able to receive a substantial benefit, often greater than an SSI award. On top of the monetary gain, the child does not have to worry about his own unearned income or assets, since SSDI does not take these into account. However, if an adult disabled child earns enough income through employment, the SSA may determine that he is no longer disabled and cancel his SSDI benefits. An adult disabled child who is working must not have substantial earnings. In 2024, this means working and earning more than $1,550 a month.

The parent's own retirement benefits are not affected by their child's receipt of SSDI, and the child can still qualify for SSI benefits if his SSDI payments, which count as unearned income for SSI purposes, do not disqualify him.

Parents who have not begun to receive their own Social Security income but who think that their child may qualify for SSDI in the future may want to have their child screened by the Social Security system for his disability before he reaches age 22. If this is not possible, it pays to have the child's physician clearly document all of the information surrounding the child's disability from as early an age as possible. This way, when the parent does retire, die, or become disabled, the child has a long record showing the presence of the disabling condition before he turned 22, making the SSDI application easier.

If he receives benefits as a disabled adult child, the benefits generally end if he gets married. However, some marriages (for example, to another disabled adult child) are considered protected. The rules vary depending on the situation.

Most people who have a serious disability before turning 22 are not usually able to obtain enough work credits to qualify for SSDI on their own. However, sometimes that disabled adult child has worked and attained insured status on his own record but may be entitled to higher benefits on a parent's record. An adult child already receiving disability benefits should still check to see if benefits may be at a higher rate on a parent's earnings record.

The disability process can be a very difficult and lengthy process. With your health crisis, you are dealing with enough; let me fight this battle for you. Contact the Law Office of Jennifer L. Foster, PLLC at 1-833-543-0888 to discuss which legal strategies will get you the benefits you deserve.

The information in this article is for general information purposes only. Nothing in this article should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Five tips to help you with your disability claim.

Tue, 11 Jun 2024 18:38:28 GMT

The Social Security Disability process is often a long and mentally exhausting process. Generally, the process can take a minimum of six to eight months to two years or longer. Because of the appeals process and wait times, most claimants will end up closer to the two year wait before they see a light at the end of the tunnel.

What are some things that you can do that would be beneficial to your case?

1. DON’T WAIT TO FILE FOR DISABILITY . I often hear of folks putting it off, because they mistakenly believe that they have to wait a year before they can apply. This is not true. The best time to file is either:

When you have to stop working because of your disability. This means that you could file the very next day after you stop work or;
When your earned income drops below substantial gainful activity (SGA). There are several factors that are considered when SSA is looking to see if your income is SGA. The most prevailing factor is an actual dollar amount. For 2024, that amount is $1,550 per month for non-blind applicants and $2,590 per month for blind applicants. These figures are gross amounts, not what you actually bring home. When you have significant health problems, many times your income will suffer. Are you taking off of work a lot more, because you are calling in sick? Are you having frequent hospitalizations that are keeping you from working? Did you have to reduce your hours significantly, because of your condition or;
If you are not working because of your condition but are drawing accrued employee benefits i.e. vacation pay, sick pay, PTO, personal days, short-term disability, or long-term disability, you need to go ahead and apply.

The timing of filing a claim is very important in regards to an applicant’s credibility. In general, a person who is genuinely disabled will not put off filing a claim for months or years. The law does not look favorably on a person who sits on his rights. If you are unsure if you need to go ahead and apply or if you would otherwise qualify, call me.

2. TELL THE TRUTH . When you apply for disability, it is important to always tell the truth. Never exaggerate or minimalize your condition or symptoms. SSA looks for inconsistencies in your allegations and how they compare to medical documentation and forms that they send you to find out more about you. If you complete one of their forms and describe that you are unable to lift 10 pounds, but your medical records show that you are a competitive power lifter; it doesn’t make sense. Either you are lying or your medical records are wrong. Guess which way a judge will see it?

Your credibility is a huge factor in your case. Once they catch you lying for one purpose, they believe you are lying about the entire thing. I agree with their reasoning on this.

Don’t minimalize your condition, either. As a nurse, I know first-hand that in the medical arena, if it doesn’t get written down, it didn’t happen. Charting is crucial to painting a clinical picture of what is going on with you. If they ask you how you are and you say, “Oh, I’m fine,” are you really fine or do you feel like telling them everything will make you seem like a complainer? They need to know what is really going on with you so that they can help you. SSA is quick to turn your, “I’m fine,” into you are obviously not disabled.

3. COMPLETE FORMS IN A TIMELY MANNER. SSA will send you forms to complete. As soon as you get them, you need to complete them and mail them back. Do not put them on top of your refrigerator to collect dust. Do not use them as a coaster on your coffee table and spill coffee all over them. These documents are very important. They are asking very specific questions about your ability to function and your work history. There are no wrong answers. Be honest. Don’t exaggerate and don’t minimalize your condition.

If you have any questions about these forms, call me.

4. CONSULTATIVE EXAMS. Sometimes, SSA will ask you to see one of their doctors. If they do, you must go. It will be a local doctor, and they will pay for the visit. Be early or on time. Bring your medicines with you. Also, take them as prescribed the day of the exam. In other words, do not skip a dose of medication in an attempt to seem worse to the doctor. One, skipping medication can be dangerous to your health. Two, it’s dishonest. They are going to watch EVERYTHING you do. They will watch how you walk into the office, how you get on and off the exam table, your demeanor, and if you appear to be giving your best effort- whether it’s a physical exam or a mental exam.

If you are apprehensive about this exam or have any questions, call me.

5. CONSULT WITH AN ATTORNEY. The process was designed so that a layperson should be able to handle a claim on his own. While this process is considered non-adversarial, it’s very easy for your words to be misconstrued, your records to be misinterpreted or not obtained at all, or regulations to be misapplied in your case. Social Security law is undergoing major changes. Claimants who are legitimately disabled are getting caught in the crossfire. Winning this claim usually means income and health insurance benefits. That’s too important to leave to chance in an area of law with ongoing changes.

When choosing an attorney, ask:

Do you offer free consultations?
Do you keep your clients informed about the status of their cases?
How many cases like this have you handled and have you been successful?
Do you assist with the initial application? Do you file the appeals?
Will you be at my hearing? (These days, hearings are generally conducted by phone or video.)

Experience matters. Results matter. Choose wisely.

The disability process can be a very difficult and lengthy process. In the midst of a health crisis, you are dealing with enough; let me fight this battle for you! Contact the Law Office of Jennifer L. Foster, PLLC at 1-833-543-0888 to discuss which legal strategies will get you the benefits you deserve, or visit us online at www.tndisabilitylaw.com .

Social Security Administration’s process to determine disability

Tue, 11 Jun 2024 18:32:06 GMT

One of the most trying times that a person will face is a disabling health crisis. Sadly, some of these conditions will make holding down a job impossible. Financial concerns and the disruption of health insurance benefits are often at the forefront of a person’s mind when that individual can no longer work. Social Security disability is designed to help people who can no longer work because of disability. So, what does the Social Security Administration (SSA) consider when trying to determine if a person is disabled?

The (SSA) uses a five step process called the Sequential Evaluation. This process is followed in a specific order. The five steps are found in the Social Security Act, the Code of Federal Regulations (CFR 20), and Social Security Rulings (SSRs).

What is disability? Disability is the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment that meets the duration requirement.

The duration requirement is met if the impairment:

can be expected to result in death
or has lasted for 12 months
or will last for at least 12 months

Step 1

Is the person working above SGA level? The amount for SGA changes each year. The monthly SGA amount for statutorily blind individuals for 2024 is $2590. For non-blind individuals, the monthly SGA amount for 2024 is $1550. SGA for the blind does not apply to Supplemental Security Income (SSI) benefits, while SGA for the non-blind disabled applies to Social Security and SSI benefits.

If an individual is working and his or her earnings average more than the SGA limit a month, then he or she is found not disabled. At this point, there is no need to go to step 2. If an individual is not working or his or her earnings are less than SGA, the adjudicator goes to step two.

Step 2

Is the individual’s physical and/or mental condition severe? At the second step, the adjudicator will consider the medical severity of an individual’s impairment(s). An individual must have a medically determinable physical or mental impairment (or a combination of impairments) that is severe and meets the duration requirement.

To be severe, the impairment or impairments must interfere with basic work-related activities. If there are no severe impairments or the duration requirement is not met, the person is not disabled and there is no need to go on to step 3. If there is a severe impairment and the duration requirement is met, then the adjudicator will go on to step three.

Step 3

Does the individual’s medical condition meet or equal the severity of a listing? At the third step, the SSA considers the medical severity of an individual’s impairment(s). SSA maintains a listing of medical criteria that are considered to be so severe that an individual is found to be disabled if his or her medically determinable physical or mental impairment(s) matches them. If an individual’s impairment(s) can be found to meet the listed criteria exactly or to be of equal severity and the duration requirement is met, he or she will be found disabled. If an individual does not have an impairment that meets or equals one of the listings or the duration requirement is not met, the adjudicator goes to Step 4.

Step 4

Can the individual do any of his/her Past Relevant Work (PRW)? PRW is any work that you’ve done in the last 5 years (as of 06/22/2024.) If an individual retains the physical and mental capacity to perform any PRW, he/she is found not disabled. If no PRW can be done, or the individual has no relevant work, the adjudicator goes to step five.

Step 5

Can the individual make an adjustment to any other work? At the fifth and last step, an individual’s Residual Functional Capacity (RFC) and age, education, and work experience are considered to see if he/she can make an adjustment to other work. If an individual can make an adjustment to other work, he or she is found to be not disabled. If an individual cannot make an adjustment to other work, he or she is found to be disabled.

The disability process can be a very difficult and lengthy process. With your health crisis, you are dealing with enough; let me fight this battle for you. Contact the Law Office of Jennifer L. Foster, PLLC, at 1-833-543-0888 to discuss which legal strategies will get you the benefits you deserve.