Disability Lawyer


Disabled Adult Child

Disabled Adult Child Benefits (DAC)

Although those applying for Disabled Adult Child (DAC) benefits are not children, they are generally the youngest of our adult clients. Adults who prove they have been medically unable to work between the ages of 18 and 22 can receive Disability Insurance benefits under the earnings history of a disabled or retired parent who receives Social Security Disability or Retirement benefits. This “piggy-backing” of a parent’s work history makes Disabled Adult Child benefits cases unique. The medical standards for these “disabled adult children” track the adult criteria for disability.

Our attorneys generally find the most difficult procedural hurdle in DAC cases is proving disability retroactively for older clients. In other words, the window of time to prove disability in a DAC claim is narrow. Generally, our offices see these DAC claims when parents of their disabled children inquire about what happens when their children become adults at age 18. These young adults typically may not have been receiving SSI as children (under 18) due to household income restrictions that apply the traditional child SSI claims. Parents of these young adults, however, are looking for benefits for their disabled “adult” children as a means of planning for future support. These disabled young adults can generally apply for SSI at age 18 forward because household income will no longer involve their parents income from this age forward – even if these young adults still live with their parents.

Keep in mind that an adult who was found disabled before age 22 getting SSI as an adult now can, in theory, get DAC benefits later if a parent subsequently dies, retires, or becomes disabled and gets Social Security benefits. In these situations, Social Security needs to connect these dots, and could always use help. Call our attorneys today to determine if you are eligible for DAC benefits or the other, more traditional benefits.