Supplemental Security Income (SSI) is a needs-based program for individuals who were never able to work for a living due to congenital or acquired disabilities. Many individuals who receive SSI payments are adults whose parents have obtained government assistance on their behalf.
The Social Security Administration (SSA) offers benefits to individuals who have become disabled, and they also provide family benefits in certain circumstances. When the child is an adult, they could qualify for disabled adult child benefits. These benefits are available for individuals who are disabled and have parents receiving Social Security benefits. The amount of benefits received is based on the earnings of the parent receiving Social Security benefits and the beneficiary may be able to collect Social Security Disability benefits based on the parent’s earnings record.
Individuals wishing to apply for benefits for their adult child should always speak to a Kentucky disability lawyer who has the Kentucky Courage to fight for them. Call Morgan, Collins, Yeast & Salyer now for a free discussion about how we can help you.
We are located in Kentucky with offices in Lexington, Somerset, Manchester, London, North London, Hazard, Paducah, Paintsville, Prestonsburg and Princeton.
Benefits Eligibility for Adults Disabled Since Childhood
Under the Social Security Disability Insurance (SSDI) program, adults who were disabled before reaching the age of 22 may be eligible to receive Social Security Disability benefits based on their parents’ earning records. Although the individual is an adult when they apply, they are considered a child for the purpose of receiving these benefits because the amount they receive is based on their parent’s income.
An adult who had some years of employment before becoming disabled may qualify for SSDI benefits. The SSDI program also pays benefits to individuals who become disabled in young adulthood, which are not dependent on a work record.
To receive these benefits, the disabled adult child must show that one of their parents is receiving Social Security retirement benefits or SSDI benefits. Disabled adult children can also show that one of their parents died after working enough to qualify for Social Security.
When a child received benefits as a minor based on their parent’s Social Security record, they can continue to receive those benefits once they turn 18 if they still suffer from a disability. The SSA will determine if they are disabled based on the criteria they use for disabled adults.
There is no requirement that disabled adult children work in order to receive benefits for disabled adults living with parents. However, if the child gets married, this could affect their eligibility status.
Do Disabled Adults Living With Their Parents Receive Any Benefits?
The answer is yes, they do. In order for adult children to qualify for SSDI benefits based on their parent’s work record, the following requirements must be met:
- They have turned 18 years of age. After that time, the SSA will use varying medical and non-medical criteria to determine if the child can receive SSI disability payments.
- They showed signs of disability before the age of 22
- They are not married or their spouse is eligible for Social Security Disability Insurance.
- If they are disabled under the definition given by the Social Security Administration
- One of the parents is already receiving Social Security retirement or disability benefits
- One of the parent’s is deceased and the other one receives survivor’s benefits
The income and resources of family members, such as their parents, are not taken into consideration at this time. If there is a spouse, that is the only family member’s income that will be taken into consideration. The SSA will consider only the spouse’s income and the adult’s income. The SSA will also use the same rules for adults when determining if someone is disabled.
When a child is receiving SSI benefits before they turn 18, after their 18th birthday, the SSA will review the child’s medical condition. They will again use the same criteria for determining if an adult is disabled, and the SSA will conduct their review within one year of the child turning 18.
Sometimes minor children are not eligible for SSI prior to their 18th birthday because their parents make too much income. However, after they turn 18, they may then become eligible to receive these benefits.
SSI Payments for Disabled Adult Children
The Supplemental Security Income program makes monthly payments to people with low income and limited resources who are disabled, 65 years old or older, or blind.
A child younger than age 18 may qualify for SSI if they have a medical condition or combination of conditions that meets Social Security’s definition of disability for children, and if his or her income and resources (i.e., family income and assets) fall within the eligibility limits. Upon reaching age 18, only the SSI recipient’s or applicant’s personal income, including any income from their spouse, is taken into consideration.
As of December 2018, there were more than 174,000 Kentuckians receiving SSI payments, of whom 24,552 were younger than 18 and 116,912 were age 18 to 64.
Requirements To Obtain Social Security Disability Benefits for Adult Children
For a child younger than 18 to qualify for Supplemental Security Income, their medical condition(s) must be disabling or be expected to be disabling for at least 12 months, or the condition(s) must be expected to cause their death. They must also not be earning more than $1,260 a month or, if they are blind, $2,110 a month.
A few of the conditions that may qualify include:
- Total blindness
- Total deafness
- Cerebral palsy
- Down syndrome
- Muscular dystrophy
- Severe intellectual disability (child age 4 or older)
- Symptomatic HIV infection.
At age 18, a child who is receiving SSI undergoes a medical review in which adult disability rules are applied to decide whether they remain eligible for SSI. For a person who is truly disabled, the main qualifier is their income and personal assets.
Income limits vary by state, and Kentucky sets a $522 monthly income limit for someone who gets help paying for food and lives at home. However, certain earnings are exempted from what counts as income.
Similarly, some resources don’t count toward SSI’s resource limit, like the home the applicant lives in and one vehicle. If the applicant’s disability began before they turned 26, they can open an ABLE account, which can hold up to $100,000 in resources that will not be counted as part of an SSI application.
You can apply for SSI for your child by visiting one of the more than two dozen Social Security field offices in Kentucky or by contacting the Social Security Administration by phone at 800-772-1213 or 800-325-0778 (TTY).
You must be prepared to document your child’s medical condition, including records of medical tests, prescriptions, and an explanation of how the medical condition affects your child’s daily life. You’ll need to provide names, addresses, and phone numbers of doctors, therapists, hospitals, clinics, and others who have treated your child.
You’ll also be questioned and asked for proof of any savings, stocks, bonds, real estate, or other resources held in your child’s name.
You will also need to provide documents that show:
- Proof of your child’s birth or adoption
- Proof of your child’s U.S. citizenship or lawful residency status
- Your child’s Social Security number
- Proof of any earnings your child had in the prior year, e.g., a W-2 form
- Information about other benefits your child receives
- Information pertaining to your bank account, so you can enroll in direct deposit
How to Apply for Disabled Child Benefits
Anyone can apply for child benefits by calling the SSA or by visiting a local Social Security field office.
When the child is over the age of 22, you should also complete the Adult Disability Report and the Authorization to Disclose Information to the Social Security Administration. Although medical documents and tax documents can be photocopied, the SSA requires that you provide originals of all other documents. They will return the originals to you.
When the child is still under the age of 18, a parent will need to complete an Application for Supplemental Security Income, which is not available online. A Child Disability Report will also have to be completed, and this form is available online. At the end of this report, you will need to sign a form that provides the child’s doctor with permission to provide the SSA information about the child’s disability.
You will also have to contact the SSA as soon as possible to determine if your income and resources are within the allowed limits when beginning the SSI application process.
How Does Working Affect Disabled Adult Children Social Security Benefits?
Before a child turns 18, working will not affect their Social Security benefits. This is due to the fact that up until that point, only the parents’ income is considered when determining if a disabled child is eligible. Once a child turns 18 however, their disability is evaluated in the same manner as all other adults.
This means that if they are receiving SSD benefits, those benefits will likely be discontinued. This is due to the fact that these benefits are only available when someone is so severely disabled that they are unable to work for one year or more.
However, after the child turns 18, they may still be eligible for Supplemental Security Income (SSI). These benefits are available for disabled individuals who have limited resources and means to pay for their daily living expenses. The SSA will determine how much income the child has made from working, and determine how much in SSI benefits they can be awarded.
Do Parents Living With Disabled Adult Children Obtain Benefits?
Parents of adult children who are disabled and cannot care for themselves can turn to Social Security Disability programs for financial assistance.
Talk to a Disabled Adult Child Social Security Benefits Lawyer Today
Applying for Social Security is always difficult. Applying for a child, however, presents its own unique challenges. If your child is disabled and requires assistance, it’s important that you speak to a Kentucky disability lawyer today.
At Morgan, Collins, Yeast & Salyer, we will help you throughout the entire process from the application to the appeal, if necessary. We will always let you know what to expect and give you and your child the best chance of a successful outcome. We can handle the paperwork and legwork required to file a claim on your family’s behalf with respect and dignity. We can counsel you about technical steps that may be necessary to ensure that your adult child qualifies for benefits. Our disability attorneys can represent you at any hearings about your application.
Contact us today to schedule your free consultation to learn more about how we can assist with your child’s application.
