The term Disabled Adult Child (DAC) refers to a Social Security program that benefits adults aged 18 years and above whose disability started before the age of 22. The benefits are pegged to the parent's Social Security earnings record. However, when a child receiving disability benefits turns 18, the transition is not always smooth. A review of eligibility accompanies the shift, and further, the right to receive benefits is conditional on specific legal criteria.
The definition of disability under the Social Security Act (SSA) varies after an individual has attained the age of legal adulthood and usually necessitates new medical and financial assessments. The two primary types of assistance are Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI), which have different requirements and application processes. These systems require families to be keen to learn to be in a position to support their adult child. Read along to understand how these programs operate and how to go through the transition successfully.
Child to Adult Disability Standards
As a parent of a child with a disability, you are already familiar with working within a complicated system. However, the 18th birthday is a turning point for the Social Security Administration, or SSA. Your child is no longer underage, and the regulations of their right to disability benefits shift radically.
This shift initiates a mandatory review process called the age 18 redetermination for children on the Supplemental Security Income, or SSI. This is not merely an update of the paperwork, but a re-examination of their case by another, more rigorous set of medical standards.
The SSA will have to decide whether your child's condition qualifies as the definition of disability in an adult. This change is essential since the adult standard is based on whether the individual can perform a Substantial Gainful Activity or SGA, which is not the case with children's claims.
Moreover, to be eligible in terms of SSI, your income or resources will no longer be counted by the SSA. Since the 18th birthday, only the individual income and assets of the adult child are taken into account, and it may happen that a person who had not been eligible because of the family income before can now qualify to receive SSI independently.
The Critical Age 18 Redetermination of SSI Recipients
The redetermination at 18 is a breaking point or make-or-buy point for many families. The law demands that the SSA re-examine all children under SSI benefits at some stage after their 18th birthday, usually within the first year.
In the process, the agency will evaluate the condition of your child as though it is the first time they are seeking benefits, and the previous decision of childhood disability will be disregarded. The distinction between the child and adult disability standards is vital.
Whereas the childhood definition relies on marked and severe functional limitations, the adult definition depends on whether a medical impairment prevents a person from engaging in substantial gainful activity. This implies that one might lose their benefits even though their medical condition has not improved.
To do this, you need to compile updated and detailed medical evidence, such as statements of doctors and other treating professionals, which clearly demonstrate how your child's condition affects their functioning and working in an adult capacity. Unless there is adequate evidence to satisfy adult standards, the benefits may be canceled, and this review is a high-stakes process for the ongoing financial support of your child.
Two Main Paths to Benefits for a Disabled Adult Child through SSDI and SSI
After your child reaches 18, they are entitled to two primary forms of Social Security benefits: Social Security Disability Insurance and Supplemental Security Income. It is imperative to know the difference between them.
SSDI is an insurance program. It pays its benefits to those who have worked and paid Social Security taxes, or, in the instance of a “Disabled Adult Child,” or DAC, to those who can claim benefits based on a parent's work record.
The eligibility of SSDI does not depend on financial need; that is, the income and assets of your adult child are not a significant consideration, but there are restrictions on the earned income. On the contrary, SSI is a needs-based program that aims to offer financial aid to aged, blind, and disabled persons with very low income and resources.
For SSI, the eligibility of your adult child is based on their financial status, and not yours, unlike the case with minor children. In certain situations, an individual could be in a position to receive the SSI and the DAC benefits simultaneously. Still, the DAC benefit might lower the amount of the SSI benefit.
SSDI Adult Child Benefits Entitlement Based on a Parental Record
The Disabled Adult Child program, also known as Childhood Disability Benefits, or CDB, is an essential provision that enables an adult disabled since childhood to receive SSDI benefits based on a parent's work history.
This is critical since there are a lot of people with lifelong disabilities who have never worked long enough to be able to qualify on their own record to receive SSDI. Your adult child has to fulfill several strict requirements to qualify as a recipient of DAC benefits.
First, they should be of age (18 years) and unmarried. Second, they should possess a disability that the SSA ascertains started before age 22. Lastly, the parent must either be receiving Social Security retirement or disability benefits or have passed away after earning enough work credits to qualify for coverage.
This program gives your child the benefits you have earned over the years of your work, giving them a financial backup according to the amount you have contributed. This may involve biological children, adopted children, and sometimes stepchildren or grandchildren.
Maximum Benefits a Disabled Adult Child Can Receive through SSDI
The monthly payment that your disabled adult child will receive under the DAC program is directly linked to your personal Social Security payment. As long as you are alive, your child can receive up to 50 percent of your full retirement or disability benefit. In case of a parent’s death, the survivor benefit to the disabled adult child is up to 75 percent of their parent’s basic Social Security benefit.
It is necessary to realize that your personal benefit payment will not be decreased; it is a supplementary benefit given to your child based on the Social Security trust fund.
Nevertheless, the total amount of money that can be paid to a family, depending on the work record of one person, has a limit, which is called the family maximum benefit. This limit, usually between 150 percent and 188 percent of your benefit amount, may lower the amount paid to your child if other family members, like a spouse or other children, also receive benefits on your record.
Supplemental Security Income When Your Adult Child Has Low Income and Resources
Supplemental Security Income works in a completely different way than SSDI. It is not pegged on any work history but rather a needs-based program financed by general tax revenues.
To qualify, your adult child who is above 18 years of age should have a very low income and limited resources. The most critical change when your child is 18 is that the SSA no longer deems your income and resources to your child.
This implies that a young adult who was not granted SSI when a minor due to the high income of their parents can become eligible on their 18th birthday. To qualify, their countable resources should not exceed the strict limit (currently $2,000 for an individual).
Their monthly SSI payment will be decreased by countable income, which consists of earned wages, unearned income such as gifts, and in-kind support such as free room and board. The maximum federal SSI benefit is a fixed sum that may vary each year, and any amount of countable income your child receives will reduce this payment.
The Benefits of Your Adult Child Working
One of the most frequently asked and significant questions is whether a disabled adult child can work and still receive benefits. The Social Security Administration urges beneficiaries to attempt to work and has regulations and incentives to assist. When it comes to SSDI, the first rule that one should remember is Substantial Gainful Activity, for those who receive it as a Disabled Adult Child.
SGA is an annual earnings cap established by the SSA; for children whose monthly earnings are more than this cap, the SSA will assume that they are self-sufficient and that their benefits can be discontinued.
Nevertheless, the SSA also provides a Trial Work Period, where beneficiaries can test their capability to work for nine months without reducing their full benefits, no matter how much they earn. The regulations are different for those who are receiving SSI. No automatic hard earnings limit of SGA that automatically ends benefits.
Instead, they are paid less for their SSI according to their income. The SSA excludes the first $65 of earned income and half of the remaining amount, allowing individuals to work while still receiving some SSI benefits and keeping their Medicaid coverage.
Significant Steps in the Application Process and Things to Consider
The process of applying for disability benefits for your adult child is a paperwork-intensive one. Whether you are filing a first-time SSI claim or trying to obtain the DAC benefits added to your employment history, the basis of a winning claim is substantial medical evidence.
You will be required to collect detailed medical histories that will not only identify your child's condition but also explain its severity and how it affects the functional capabilities of your child. For DAC claims, this evidence should be able to trace the disability to onset at less than 22.
Although many applications can be made online, in many cases, to apply for Disabled Adult Child benefits, you have to consult the SSA, which can be done by phone. In the process, you will be required to fill in complex forms such as the Adult Disability Report, which includes your child's medical history, treatment, education, and work they have attempted. This step is essential in preventing delays and establishing a solid case that can be approved.
Establishing a Disability Before Age 22 as the Key to DAC Benefits
The one and most crucial need to obtain Disabled Adult Child benefits is the ability to demonstrate that the disability of your child started before their 22nd birthday. This rule exists because the benefit is meant to be enjoyed by individuals who could not build their own work history because of a long-term disability.
You may seek these benefits many years or decades after your child reaches that age. To succeed, you should give historical evidence that creates a clear medical timeline.
This includes collecting documentation of their childhood and teenage years, including:
- Pediatrician reports
- Specialists reports
- School data, including Individualized Education Programs or IEPs
- Psychological assessments
The SSA should be presented with objective medical evidence by acceptable medical sources that substantiates the date of onset of disability that you are claiming. The applicant has the burden of proving that the later the onset date, the more difficult it may be to find these vital documents.
What Happens When an Adult Child Marries
For a disabled adult child who is on benefits, marriage may significantly impact and, in most cases, be permanent on the eligibility of the child. Generally, when your child is on DAC benefits on your work record, the benefits will cease if they marry. This is because the law assumes they are now financially reliant on their husband or wife, not you. Nonetheless, this rule has significant exceptions.
The child can still receive their DAC benefits if they get married to another person who also receives Social Security disability benefits, like another Disabled Adult Child or someone on their own SSDI record.
The marriage regulations are very complicated and inflexible, and a marriage to a person not receiving Social Security benefits is most likely to result in the loss of the monthly payment and the related Medicare coverage. Thus, this is a critical life choice, and the financial implications should be taken seriously.
Find a Reliable Disability Attorney Near Me
Working through the Social Security laws as your child grows into adulthood can be daunting for the family. The redetermination at the age of 18 process follows strict rules, and proving a disability started before age 22 requires strong medical and educational evidence. A single mistake could lead to losing vital financial or medical aid. An experienced disability lawyer knows what the Social Security Administration requires to grant SSI and Disabled Adult Child (DAC) claims. They can help gather documents, make convincing legal cases, and deal with every deadline, starting with the first application and up to the appeals.
At Leland Law, our disability attorneys are committed to helping you understand the rights of your adult child and can help secure the benefits your loved ones deserve. You should not go through this process alone. Contact us today for a free consultation at 866-449-6476, and take the first step toward securing your child’s future.
