Child SSI cases after 18th birthday
Disabled children can apply for Social Security benefits under the Title 16 children’s Supplemental Security Income (child SSI) program. Children’s cases are considered differently than adult disability claims. However, after a child turns 18, Social Security applies the adult standard to decide disability. Note: children between 18 and 22 may be eligible for Disabled Adult Child benefits based on their parents’ contribution to Social Security.
What happens if a child turns 18 before Social Security decides if the child is disabled?
Here is what Social Security says on this (20 CFR 406.924):
If you attain age 18 after you file your disability application but before we make a determination or decision. For the period during which you are under age 18, we will use the rules in this section. For the period starting with the day you attain age 18, we will use the disability rules we use for adults who file new claims, in §416.920.
Put another way, Social Security will consider disability under the child standard for the portion of time the individual was under 18, and use the adult standard for the portion of time the individual was 18 or over. That means you, in effect, have to prove the case twice: once under the child standard and again under the adult standard.
Social Security Disability Benefits for Children
Disabled children under age 18 can receive Social Security disability benefits under the Supplemental Security Income (SSI) program, or “Child’s SSI.” In order to qualify for children’s disability benefits, Social Security requires that the child:
Is not working at a job that Social Security considers to be substantial work; and
Has a physical or mental condition (or a combination of conditions) that results in “marked and severe functional limitations.” This means that the condition(s) very seriously limits his or her activities; and
The condition(s) has lasted, or is expected to last, at least 1 year or is expected to result in death.
Note: some conditions result in presumptive disability decision. If your child has one of these condition, he or she may be able to be instantly approved.
However, the majority of children’s disability cases focuses on the second part, the requirement of that a condition produces “marked and severe functional limitation.” There are several ways of doing this:
Can a 18 year old full time student still get Social Security child’s benefits?
I was recently asked if Social Security child’s benefits continue for a full-time student who is 18 or over.
Here is the answer in a directly from Social Security:
No. At one time, SSA did pay benefits to eligible college students, but the law changed in 1981. Benefits stop when a child reaches age 18 unless he or she:
Is disabled; or
Attends a secondary (grade 12 or below) or elementary school full-time.
In general, benefits end when:
The student graduates ; or
The student turns age 19 and two months, whichever is first.
Normally, benefits stop when a child reaches age 18 unless he or she is disabled. However, if the child is still a full-time student at a secondary (or elementary) school at age 18, benefits generally can continue until he or she graduates or until two months after he or she reaches age 19, whichever is first.
Here are the applicable regulations:
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.
