What are the Eligibility requirements for Disabled Adult Child benefits?

To qualify for Disabled Adult Child benefits, individuals must meet several eligibility criteria. Firstly, the individual must be at least 18 years old but not older than 65. They must also have a disability that began before the age of 22.

Secondly, the individual must meet the dependent status requirement. This means that they must be unmarried and have a parent who is either deceased, disabled, or retired and receiving Social Security retirement or disability benefits. The individual must have become disabled before reaching the age of 22, and their disability must meet the Social Security Administration’s definition of a disability for adults.

Additionally, there are income and employment requirements for Disabled Adult Child benefits. The individual cannot have substantial earnings, which for 2022 is defined as earning more than $1,310 per month. This excludes income from investments, insurance, pensions, and other sources. If the individual is working, their earnings must be considered low enough to meet the Social Security Administration’s definition of disabled.

Lastly, the parent of the disabled adult child must also be eligible for Social Security retirement or disability benefits, or have a deceased or disabled status. They must have paid enough Social Security taxes to be eligible for benefits, or in the case of a deceased parent, have earned enough credits for their dependents to receive benefits.

In summary, to qualify for Disabled Adult Child benefits, individuals must be between the ages of 18 and 65, have a disability that began before the age of 22, be unmarried and have a parent who is eligible for Social Security benefits, meet income and earnings requirements, and meet the Social Security Administration’s definition of disabled.

Applying for Disabled Adult Child Benefits.

To apply for disabled adult child benefits, you will need to follow a specific application process that includes filling out the Adult Disability Report (Form SSA-3368) and visiting your local Social Security Administration (SSA) office in person. It’s important to note that online applications are not available for this type of benefit.

The first step is to complete the Adult Disability Report, which is a comprehensive form that collects information about your medical condition, work history, and daily activities. This form can either be obtained from your local SSA office or downloaded from the SSA website. It’s crucial to provide accurate and detailed information to support your claim for disabled adult child benefits.

Once you have completed the Adult Disability Report, you will need to make an appointment at your local SSA office. During this appointment, you will submit your completed form and any other supporting documentation, such as medical records or letters from healthcare professionals. The staff at the SSA office will assist you in verifying your identity and ensuring that all necessary paperwork is completed correctly.

After your application has been submitted, the SSA will forward your paperwork to the Disability Determination Services (DDS) in your state. The DDS is responsible for reviewing your application and making a determination regarding your eligibility for disabled adult child benefits. This process can take several months, and you may be required to attend a medical evaluation conducted by a healthcare professional chosen by the DDS.

In conclusion, applying for disabled adult child benefits involves completing the Adult Disability Report and visiting the local SSA office in person. Online applications are unavailable for this benefit, and the paperwork will be forwarded to the state’s DDS for review. It’s important to provide accurate and detailed information to support your claim.

Can you lose DAC Benefits?

Under certain circumstances, an individual can lose DAC (Disabled Adult Child) benefits, leading to the termination of SSI (Supplemental Security Income) linked Medi-Cal and their placement into the ABD MN (Aged, Blind, and Disabled, Medically-Needy) program. DAC benefits are provided to disabled adults who became disabled before the age of 22 and whose parents are receiving Social Security retirement or disability benefits, or who are deceased.

One circumstance that can result in the loss of DAC benefits is if the individual’s income or resources exceed the program limits. If their income or resources increase to a level that is above the eligibility threshold, they may no longer qualify for DAC benefits, resulting in the termination of SSI linked Medi-Cal. In such cases, they can be placed into the ABD MN program, which provides health coverage to individuals who are elderly, blind, or disabled.

To prevent the termination of DAC benefits, it is important to request a hearing immediately upon receiving a Medi-Cal Notice of Action (NOA) that terminates DAC benefits. Requesting a hearing allows the individual to dispute the termination and present their case for continued benefits. It is also crucial to request “aid paid pending” during the hearing process, which ensures that benefits continue to be paid while the hearing is pending.

Individuals facing the loss of DAC benefits can seek assistance from various resources. The Disability Rights California (DRC) is one such resource that provides free legal assistance to individuals with disabilities, including help with appeals and hearings. They can be contacted for guidance and support during the process of challenging the termination of DAC benefits.

In summary, losing DAC benefits can result in the termination of SSI linked Medi-Cal and placement into the ABD MN program. To prevent termination, individuals should request a hearing immediately upon receiving a Medi-Cal NOA and request “aid paid pending” during the process. There are resources available, such as the DRC, that individuals can contact for assistance and guidance.

How a Disability Attorney can Help

A disability lawyer plays a vital role in helping individuals navigate the complex and sometimes overwhelming process of filing for disability benefits. When it comes to Disabled Adult Child (DAC) claims, a disability lawyer can provide valuable guidance and expertise in several key areas.

Firstly, a disability lawyer can help navigate the DAC rules established by the Social Security Administration (SSA). These rules can be intricate and confusing, but a lawyer can interpret them and ensure that the claimant meets the eligibility criteria.

Secondly, a disability lawyer can advise on filing deadlines, ensuring that all necessary paperwork is submitted in a timely manner. Missing deadlines can result in the denial of benefits, so having a lawyer’s assistance in this area is essential.

Furthermore, a disability lawyer can assist in gathering and submitting the appropriate evidence to support the DAC claim. This can include medical records, testimonies, and other relevant documentation. They understand what kind of evidence is needed and how to present it effectively to increase the chances of a successful claim.

Preparing for testimony is another area where a disability lawyer can provide valuable help. They can guide the claimant on how to answer questions effectively and present their case in the best possible light.

Lastly, a disability lawyer is skilled in drafting briefs that address the relevant SSA regulations. These briefs argue the claimant’s case and explain why they should be granted DAC benefits.

Filing a DAC claim has several benefits, which a disability lawyer can explain. First, an approved claim entitles the disabled adult child to receive a portion of their parent’s Primary Insurance Amount (PIA). This financial support can be crucial for individuals with disabilities who may struggle with everyday living expenses.

Additionally, qualifying for DAC benefits also allows the individual to become eligible for Medicare after a two-year waiting period. This provides vital access to healthcare services and coverage for medical expenses.

In conclusion, a disability lawyer can be an invaluable resource when it comes to navigating DAC rules, ensuring filing deadlines are met, gathering and presenting evidence, preparing for testimony, and drafting briefs. The benefits of filing a DAC claim, such as receiving a portion of the parent’s PIA and becoming eligible for Medicare, are significant and can greatly improve the quality of life for disabled adult children.