Is Your Disabled Adult Child Eligible for Benefits?

If your adult child is unable to live independently or earn a living because of a disability, he or she may qualify for benefits on your earning record. In order to qualify, you (the parent) must be receiving Social Security benefits due to age or a disability of your own.

Your adult disabled child can receive benefits for as long as they remain unmarried, although there are also potential exceptions if your child marries another individual who qualifies as an adult disabled child.

If your child is over 18 and unable to live independently or earn a living because of a disability, you probably have financial concerns. How will you pay for your child’s expenses when you can no longer work?  What will happen to your child if something happens to you?

There is help available. Under Social Security rules some disabled adult children are eligible for disability benefits based on a parent’s earning record. To quality you, as the parent, must be receiving Social Security benefits either due to age or a disability of your own. And your adult child must meet specific requirements. They have to be over the age of 18…unmarried… became disabled before the age of 22…and have a qualifying disability. 

What qualifies as a disability under Social Security rules? The disability must meet all the criteria of a condition that is included in the Social Security Administration’s Blue Book list of impairments or is equivalent in severity to a listed impairment or they must be unable to perform any substantial work for pay because of their limitations. The disability must have lasted for at least 12 months, or is expected to last for at least 12 months, or result in death.

If your adult child qualifies for Social Security disability they can receive benefits as long as they are unmarried. The benefits will be terminated if the child marries, but an exception may be made if a disabled adult child marries another disabled adult child.

Social Security rules are complex, so we understand that you may not sure if your child qualifies as a disabled adult child. Give us a call (402) 933 5405 or email us at [email protected] for a free evaluation of your situation.

 

Timothy J. Cuddigan
Omaha Social Security and Veterans Disability Lawyer With Over 40 Years Experience