Adult disabled children may be entitled to receive Social Security disability benefits after turning 18 years old. The two types of ways they may be able to receive benefits are the Social Security Income (SSI) disability eligibility requirements or the Social Security Disability Insurance (SSDI) eligibility requirements.
These two programs meet the needs of two types of adult-disabled children. SSI disability benefits are paid to disabled adults who meet certain income requirements. On the other hand, SSDI disability benefits are paid to disabled adults based on their parent’s Social Security earning records.
For both types of benefits, a disabled adult child must meet the stringent SSA definition of disability as it applies to an adult. An Oklahoma City Social Security Benefits lawyer can provide valuable assistance in navigating these complex requirements.
If you have a disabled adult child or a disabled child who is nearing the age of 18, you need to seek the advice and guidance of an experienced Oklahoma City adult disabled child benefits attorney. Your child’s financial stability can be profoundly impacted by successfully meeting the eligibility requirements.
Gary Wayne Jones of The Law Center For Social Security Disability has been helping people apply for and obtain the benefits they deserve for over 30 years. He has handled nearly every imaginable disability case and he knows how to effectively deal with the SSA’s requirements.
Call us today at (405) 236-1416 or visit our contact page to schedule a free consultation to discuss your situation. We will listen to you, answer your questions, explain your rights, and help you decide your next steps. If we represent you, we will fight tirelessly to get you all the benefits you are entitled to receive.
Why Choose Use as the Law Center of Social Security Disability
We provide assistance in navigating the complex disability laws in the US and the state. If your child is a disabled adult or you have a disabled child nearing the age of 18, you need a trusted advocate by your side. With over 30 years of experience and a dedication to providing our clients with exceptional legal representation, The Law Center for Social Security Disability is your advocate. Our local attorneys put power into your hands, giving you access to the resources and knowledge you need to build a strong case.
No matter how straightforward your case is, there is no doubt that obstacles could derail your claims, creating significant financial strain on your family. Our legal team knows how to help.
What Happens When Your Disabled Child Turns 18?
For Social Security purposes, a child becomes an adult when they reach the age of 18. The Social Security Administration (SSA) uses different medical and non-medical requirements to decide if an adult is entitled to Social Security Income (SSI) disability payments.
When deciding whether an adult meets the financial eligibility for SSI, we do not consider the income and resources of their family members other than that of a spouse of the adult.
The SSA definition of disability is the same as for any adult once your child reaches the age of 18. If your child is receiving SSI payments, SSA will review their medical status when they turn 18. However, if your child was not eligible for SSI before they reached 18 because of you and your spouse’s income or resources, they may become eligible after turning 18.
Social Security Disability Insurance (SSDI) benefits are paid based on an adult child’s parent’s Social Security earnings record. For a disabled adult child to be eligible for SSDI, one of their parents must be receiving Social Security retirement or disability benefits or have died and worked to earn enough credits to be eligible for Social Security benefits.
If a child was receiving SSDI benefits before turning 18 they may be eligible to continue receiving those benefits after turning 18 if they are determined to have a disability according to the disability definition for adults.
SSDI Disabled Adult Child (DAC) benefits can continue for as long as the adult child is disabled. However, the marriage of the DAC can impact their eligibility.
Who Can Apply for SSI for a Child in Oklahoma?
The law is clear on who can apply for SSI for a child in Oklahoma. This is generally only the child’s parent or legal guardian. It may include the child’s step-parents, adoptive parents, or in some cases when parents are not available, it may include grandparents. In all situations, those who apply for SSI benefits for the child must provide legal documentation that proves they have the legal right to take this action.
It is legal for a parent to file such a claim directly. However, the complexities of SSI laws in cases like these make it critical for the parents of the child to be extremely careful and accurate in their application. For this reason, we recommend speaking to a disability lawyer for your child before you take formal action to apply for SSI on behalf of your child. This may help avoid unnecessary and potentially problematic delays in getting the SSI that your child deserves.
What Happens If My Application for Benefits Is Denied?
It is not uncommon for an SSI application to initially receive a denial. This often occurs for avoidable reasons, such as missing information or an inability to accurately determine that the child is disabled. However, even in situations where an attorney completes all details accurately, it could still be denied initially.
In all situations, you have the right to request a hearing to appeal this decision. The appeals process typically follows these steps:
- Reconsideration: Another claims examiner will review the application a second time. This person is not affiliated with your case. You can add information or data to your application to fill in any questions or concerns the initial examiner noted as problems. Your attorney can help you determine what potential evidence may be helpful to add.
- Hearing: After reconsideration, you can request a hearing before the Administrative Law Judge.
- Appeals Council Review: If a hearing does not improve your outcome, you can also request the Social Security Administration’s Appeals Council to review your case. However, this organization may deny your request. They could complete a review and make a different decision or decide to send the case back down to the Administrative Law Judge.
- District Court Case: The final option is to resolve the claim in a lawsuit filed against the Social Security Administration.
These steps are challenging and require a careful understanding of the law’s processes to ensure the best possible outcome. We strongly recommend having an attorney handle every step of the review process for you.
Contact an Experienced Oklahoma City Adult Disabled Child Benefits Lawyer Today
If your child has a disability and is an adult or is nearing the age of 18, you need to speak to an experienced adult disabled child attorney in Oklahoma City right away. Your child may be entitled to receive Social Security benefits either through the SSI or SSDI programs.
The journey of qualifying for SSI or SSDI can be overwhelming and frustrating. Gary Wayne Jones has the experience, skill, and prowess to cut through the complex details and help you receive the benefits you are entitled to.
Call us today at (405) 236-1416 or visit our contact page to schedule a free consultation to discuss your situation. We will answer your questions and help you determine your best options. If we represent you, we will fight tirelessly to protect your rights and get the benefits you deserve.