If you have an unmarried adult child who became disabled before the age of 22 and lacks substantial income, they may qualify for social security benefits. Many of these benefits fall under the Disabled Adult Child program, also known simply as “DAC.” Navigating this program effectively is absolutely critical for families of all income levels – as it ensures access to meaningful support. Caring for a disabled adult is a heavy burden for many families – and it makes sense to take full advantage of government programs. Here is a general guide on how to approach DAC benefits:
What is DAC?
Disabled Adult Child benefits help children who have suffered disabilities before the age of 22 and the families tasked with caring for them. These disabilities may occur at birth, during childhood, or even in early adulthood. These benefits are primarily handled by Social Security. Although these benefits are provided to children, eligibility assessments may consider the parent’s attributes – such as their earning history.
Who is Eligible for Disabled Adult Child Benefits?
According to the Social Security Administration, only certain people are eligible to receive Disabled Adult Child benefits. The SSA may assess a number of factors when determining whether adult children and their families are eligible to receive these benefits:
- Recipients must be disabled under the official SSA definition
- Disabled adult children must be unmarried in order to receive benefits
- Whether or not the adult child is currently receiving SSI benefits
- How long the adult child remains disabled
I Have Already Been Denied Disabled Adult Child Benefits: Should I Keep Checking?
If you have already been denied access to Disabled Adult Child benefits, you might want to keep checking to see whether you have become eligible. Circumstances may change within only a few short months. For example, the parent’s earning capacity may change. The parent may pass away, or they may retire. The parent might also become disabled themselves.
All of these factors can change eligibility for Disabled Adult Children. If you continue to check in with your application status, you may learn that you have become eligible for higher benefits. These changes can even make you eligible for Medicare. If you have already been denied access, you might want to work alongside a qualified attorney to assess your next steps. It may be possible to appeal denied decisions and re-apply when circumstances change.
DAC Benefits Allowed for Continued SSI Income After Age 18
Many disabled children lose access to SSI income after reaching the age of 18, as this is the “cut-off” date for most recipients. What many families do not understand is that the income can continue to flow thanks to DAC benefits. All you really need to do is show that the disability began prior to the age of 22, and you can gain access to a new source of continued income. You might be wondering why the government cuts off children after they turn 18 if you simply need to reapply under a different program. Why not just keep these children on the same program without the need to reapply? The answer lies in the definition of a “disability,” which varies depending on whether the recipient is a child or an adult.
The Definition of an Adult Disability According to the Social Security Administration
So, what exactly is the definition of a “disabled” adult according to the SSA? In the eyes of the SSA, the main difference between a disabled child and a disabled adult has to do with income. Whether they are disabled or not, a child cannot be expected to earn income in the same manner as an adult. On the other hand, one of the most important effects of disability for adults is the inability to earn income and support one’s self.
The SSA states that a disability is “the inability to engage in any substantial gainful activity” due to some kind of physical or mental impairment.
The obvious follow-up question is simple: What does the SSA define as a physical or mental impairment? There are two possibilities: Either the impairment will lead to an expected death, or the impairment has lasted for a period of more than two months. Finally, a disability can also be defined as an impairment that can be expected to last for a continuous period of not less than 12 months. If any of these factors apply and it makes the child-adult unable to engage in substantial gainful activity, they may qualify for DAC benefits.
In contrast, the only requirement for disabled children is that they have a mental or physical impairment that causes “functional limitations.” In other words, the bar for disability is lower among children, and it does not involve income in any way.
Last but not least, we need to define the phrase “substantial gainful activity.” Otherwise known simply as “SGA,” this refers primarily to the ability to earn an income. This may fall under a number of different categories, including:
- Work performed for pay or profit
- Work of a nature generally performed for pay or profit
- Work intended for profit, whether or not profit occurs
How Much Money Can I Get for Disabled Adult Child Benefits?
Generally speaking, Disabled Adult Child Benefits are equivalent to SSDI (Social Security Disability Insurance). The exact amount varies depending on various aforementioned factors. You will need to speak with a qualified, experienced attorney to determine how much you might receive for your DAC benefits.
Where Can I Find a Lawyer Who Can Help With DAC Benefits?
If you have been searching for a Disabled Adult Child benefits lawyer, look no further than the Elderly Care Law Firm. Although the name of our law firm implies a focus on elder law, we also help families caring for disabled adults. With our help, you can navigate DAC benefits and take full advantage of government programs. You may be entitled to significant benefits under this system – so book your consultation today to discuss the possibilities.
