Social Security Disabled Adult Child (DAC) benefits
I enjoy reading attorney Paul Nidich’s blog Nidich on Anything. Paul’s knowledge nicely dovetails with my own. When there is an area I am uncertain about, I check to see what Paul has written.
A while ago, Paul wrote a nice article about Disabled Adult Child (DAC) benefits.
I did a search for “Disabled Adult Child” last night. On one of the web sites, the “expert” writing about the DAC benefit had the “disabled before age ___” incorrect. In speaking about special needs trusts and attending other’s presentations on special needs trusts, I find that few lawyers are aware of the DAC benefit, and, of course, fewer people in the disability community are aware of the benefit.
Disabled Adult Child is a Social Security program for adults who became disabled before the age of 22. The main benefit of this benefit program is that is allows the adult child to receive benefits based on the parent’s earnings record, which may mean more benefits than the child would otherwise be entitled to.
Overpayments: finding an attorney to help you
I have tried to give you as much information as I can about Social Security overpayment / repayment cases, because the chances of finding an attorney to work with you are not very good.
Many Social Security attorneys get paid out of the back benefits they win for the client (typically 25% up to a cap of $5,300.00 $6,000 as of June 2009). But, when you have an overpayment case, the best outcome is you will owe $0.00. 25% of $0.00 is $0.00.
In other words, there is nothing for the attorney to take a percentage of, if they win. If you want legal help on an overpayment case you will probably have to pay some money up front. This may be between $1,000 and $3,000 depending on the complexity of the case. While my office does handle Social Security overpayment cases, they make up a small part of my Social Security practice because most people cannot afford the retainer.
Also, many attorneys do not take overpayment cases because of the extra requirement of petitioning Social Security to approve fees. This takes extra time, beyond the time spent proving the case, just to try to get paid.
Is it worth hiring an attorney on an overpayment case?
Whether paying the retainer is worthwhile for you will depend on how much money you owe Social Security.
Social Security children’s SSI tip: keep those school write-ups!
One of the best tips I can give about building a child’s Social Security (Supplemental Security Income) case is to hold on to any disciplinary report, office notes, write ups, teachers notes, detention or suspension notices, etc.
This includes notes for:
Talking out of turn
Not following instructions
Not sitting down
Fighting
Yelling
Being disruptive
Cursing
Throwing things
These documents are an important source of independent evidence about the child’s problems at school.
“Independent evidence” is key. Social Security looks for corroboration of the problems the family will tell them about. Reports from teachers, counselors, administrators, coaches, can be extremely valuable in proving the type and severity of the child’s problems.
Unfortunately, based on my experience …
Social Security overpayments: what you need to prove to win!
Overpayment cases are very tough to win. If you decide to fight an overpayment, you need to know what you are up against.
Here is what the law says about how Social Security evaluates whether you have to pay back an overpayment or not. This is taken from Social Security Ruling 88-6c.
42 U.S.C. § 404(b)
The regulations state in part:
Sections 204(b) and 1870(c) of the Act provide that there shall be no adjustment or recovery in any case where an incorrect payment . . . has been made . . . with respect to an individual:
(a) Who is without fault, and
(b) Adjustment or recovery would either:
(1) Defeat the purpose of title II of the Act, or
(2) Be against equity and good conscience. 20 C.F.R. § 404.506.
So, in order to have Social Security not collect an overpayment you have to be withouth “fault” for the overpayment AND the recovery would either defeat the purpose of the Social Security Act or be against equit and good conscience.
Lets take these one at a time:
Social Security Overpayments
It is the opposite of winning the jackpot: you open the letter from Social Security and find out that you owe them $10,000, $20,000, even $30,000.
What happened?
There are several scenarios which may result in Social Security claiming an overpayment occurred; and demanding that you repay some, or all, of your benefits.
Social Security denial because husband or wife makes too much for SSI disability
Here is a common problem. You apply for Supplemental Security Income (SSI), but then Social Security tells you that your spouse is making too much money for you to be eligible.
How much is too much?
It was surprisingly difficult to track down an answer. But, at long last, I was able to find out that in order to be eligible for Social Security your countable income has to be less than the Federal Benefit Rate (FBR). According to Social …
I won my SSI case, now Social Security want to pay me in installments?!?
A lot of things happen after you approved for Supplemental Security Income benefits.
First, Social Security needs to review your financial eligibility.
Second, Social Security must reimburse the State for any interim assistance you received while waiting for your SSI decision. In Colorado, the interim assistance program is called Aid for the Needy Disabled (AND). This means that if you received AND and won your Social Security SSI case, Social Security will first repay the Department of Human Services (Department of Social Services).
Third, Social Security pays out your back benefits in installment payments.
When do Social Security children’s benefits stop?
A child may be entitled to receive Social Security child’s benefits if a parent dies. These are called survivor’s benefits.
However, under Social Security Regulations (20 CFR 404.352), the entitlement to child’s benefits may end for any of the following reasons.
Can a child get Social Security benefits if a parent dies?
Children can be entitled to receive Social Security child’s benefits if the deceased parent was fully insured by Social Security and if they meet 5 tests:
The child is the insured person’s child. See §§404.355 through 404.359;
The child is dependent on the insured. See §§404.360 through 404.365;
The child applies for benefits;
The child is unmarried; and
The child is under age 18; – OR – 18 years old or older and has a disability that began before the child became …
My child turned 16, and my Social Security benefits were stopped
If a parent dies, the surviving spouse may be eligible for benefits if he or she is caring for a the deceased’s child and the child is under 16 years old or disabled. These are called Mother’s and Father’s benefits. See 20 CFR Section 404.339 for more information.
Mother’s and Father’s benefits are separate from the survivor’s benefits the child may be entitled to due to the death of a parent. This is a little known subset of …
How much can I get per month on SSI?
Updated: 01/01/12.
Supplemental Security Income, SSI for short, pays up to the Federal Benefit Rate (FBR).
For 2012, for the first time in 3 years, the Federal Benefit rate is increasing to $698 and $1,048 for couples. For most people, this means the maximum SSI benefits you can get in 2011 is $698 per month.
in 2011, the FBR was $674 per month.
In 2010, the FBR was $674 per month
In 2009, the FBR was $674 per month.
In 2008, the FBR was $637 per month.
In 2007, the FBR was $623 per month.
The current FBR rate is listed …
Surviving a Social Security Audit for Children’s SSI Benefits
California Blogging has a story about surviving a four year Social Security Audit(!)
During the audit they inspect every account, every dime I make and spend. I am allowed some money from some sources. Services from other government or social programs are not counted against Zachary. Even though it’s immaterial it’s still audited. Child support is counted against Zachary and people wonder why I don’t really go after his dad? During the audit if you are missing a receipt for anything, your worker will make up an amount higher than the average number you have shown.
You can read the entire story on story on California …
Social Security survivors’ benefits for widow/ers and children
Survivors’ benefits are a type of Social Security benefits paid to surviving family members when someone dies. This may include benefits paid to the widow(er), parents or children.
In my experience, not a lot of attorneys take survivors’ benefits cases so it is difficult to get your questions answered:
Am I, or my children, eligible for survivors’ benefits?
When am I, or my children, eligible for survivors’ benefits?
Social Security stopped my, or my children’s, survivors’ benefits. Why?
Social Security has a Electronic Fact Sheet which provides a summary of who may be eligible to receive monthly benefits. If Social Security stops …
Useful Site: Social Security Benefit Calculator
How much will you get from Social Security?
You can check your annual Social Security statement (mailed annually before your birthday) for a rough idea.
Or you can use Social Security’s on-line benefit calculator.
