Adult Child's Disability
Requirements:
The adult child (at least 18 years of age) is eligible only if a parent is deceased or receiving social security as either a retired or disabled person. The adult child must be unmarried and be able to prove that their disability began before their 22nd birthday. For example, I once represented a 31 year old whose parent had just become eligible for retirement benefits. We had to go back nearly 10 years to show he was disabled starting at that time, and then show that he continued to be disabled all the way up to the present. Happily, with the help of his doctor, we were able to do that.
The definition of disability is the same as the one used for all Social Security Disability claims. And the decision-making process is also the same.
If the adult child is working, or has worked, the amount of income that they had and the length of time they worked would need to be evaluated. Social Security regulations set out requirements that use work earnings as a component in determining whether someone is disabled.
For an adult child who is already receiving disability benefits on their own work record, if their adult child benefit amount from their parent is greater than what they are currently receiving, they will get that amount and the other benefit will stop.
For an adult child who is already receiving SSI benefits, the amount of their adult child benefit will be used in the calculation for SSI eligibility. In 2008, if the amount is over $657, or less than that but you are also receiving other income, you may no longer be entitled to SSI benefits. CAUTION: losing SSI benefits can mean the possibility of losing Medicaid benefits. Because Medicare coverage does not start right away (see below), it is important to how much extra in adult child benefits you would be getting, and to consider whether you can go without Medicaid for a while if your Medicare would not start right away.
Benefits:
The monthly benefit amount is based on your parent's benefit amount.
Your first month’s benefit begins on your “Date of Entitlement”-- the 6th month following the month in which your disability was found to begin. However, Social Security is not required to pay benefits going back more than 12 months before your application. Therefore, if your date of entitlement would have otherwise been a month that was more than a year before you filed your application, the date of entitlement will be moved up. This is one reason you do not want to delay too long in filing your application.
You are also entitled to Medicare health insurance coverage, but it does not become available until the 25th month after your date of entitlement.
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