An adult who has been fully disabled since he or she was a child may be able to collect Social Security benefits based on a parent’s work record. Social Security also provides benefits to disabled children and adults who have never been able to work for a living.
Children younger than age 18 who have disabilities or disabled adults may be eligible for Supplemental Security Income (SSI) payments. Adults with disabilities since childhood (prior to age 22) also might be entitled to Social Security Disability Insurance (SSDI) benefits based on a parent’s Social Security earnings record.
If you are a parent or caretaker for a disabled child or adult in Texas, a Dallas Social Security Disability attorney with Kraft & Associates, P.C., can help you claim the full benefits available to your child. Social Security rules are complex. In 2023, the Social Security Administration said applicants were waiting more than seven months on average for an initial disability decision. It is crucial to submit a complete claim that is free of errors or omissions to avoid additional processing delays.
Our experienced Dallas SSD lawyers at Kraft and Associates, P.C. can help you seek all benefits that you are eligible to receive. We handle claims on a contingency fee basis, meaning you won’t pay us unless we recover money for you. Our SSD lawyers have served disabled people in Dallas for more than 45 years and will work hard for you. Call us today at (214) 999-9999 for a free case review.
Social Security Benefits for Disabled Adult Children in Texas
The Social Security Administration (SSA) considers a child who is receiving Supplemental Security Income to be an adult when they turn 18 years old. At that point, the criteria that must be met for them to receive SSI disability payments change.
Supplemental Security Income provides monthly payments to people who have a qualifying disability or are blind and have limited income and resources. SSI is also available to individuals of limited means who are 65 or older.
Children younger than age 18 can qualify for SSI if they have a medical condition that meets Social Security’s definition of disability and their income falls within the eligibility limits.
To qualify as a disability under SSA rules, a child’s condition must be a “medically determinable physical or mental impairment or impairments which result in marked and severe functional limitations.”
The SSA considers the child’s income and resources as well as the income and resources of family members living in the child’s household. The inclusion of parents’ resources in SSI eligibility calculations results in many disabled children being unable to recover benefits.
- Click through to see the SSA’s explanation of what income and resources are and are not considered for SSI eligibility calculations.
Upon the disabled child’s 18th birthday, the criteria change. The SSA no longer counts the income and resources of family members when deciding whether an adult meets the financial limits for Supplemental Security Income benefits unless the applicant has a spouse. A spouse’s income and resources are included in the calculations.
The medical criteria change, too. For adults, SSA applies a five-step process to determine medical eligibility. The SSA asks whether the applicant:
- Cannot work for a living or, if able to work, cannot earn more than a certain amount each month
- Has a medical condition that has significantly limited their ability to do basic work activities such as lifting, standing, walking, sitting, and remembering for at least 12 months
- Has a medical condition that matches or is medically equal to the criteria of a condition on the SSA’s Listing of Impairments
- Is unable to perform any type of work that amounts to substantial gainful activity, and if so, the applicant qualifies for benefits.
When Can an Adult Child Begin Receiving SSDI Benefits?
An adult who has a qualifying disability that began before he or she turned 22 years old may qualify for a child’s benefit that is paid according to their parent’s Social Security earnings. SSDI Disabled Adult Child (DAC) benefits may be available if one of the applicant’s parents:
- Is receiving Social Security retirement or disability benefits.
- Has died and had worked long enough to qualify for Social Security retirement or disability benefits.
An applicant may apply for SSDI DAC as early as age 18. For example, a person who is 21 years old when diagnosed with a qualifying illness may be eligible.
Again, the qualification criteria are those applied to adults – calculations based on the applicant’s and spouse’s income and resources.
A knowledgeable attorney at Kraft and Associates, P.C. can help a disabled young adult apply for SSI payments or SSDI DAC benefits and complete a Child Disability Report. The report collects information about the child’s disabling condition and how it affects their ability to function.
Can Adult Children Get Social Security Retirement or Survivor Benefits?
When a parent develops a disability or dies, their children may obtain a portion of their Social Security retirement benefits.
To get benefits, a child must have either:
- A parent who is retired or has a disability and is entitled to Social Security benefits.
- A parent who died after having worked long enough in a job where they paid Social Security taxes.
The child must be either:
- Younger than 18.
- Between ages 18 and 19 and a full-time student at an elementary or secondary school.
- Age 18 or older with a disability that began before age 22.
How To Apply for Disability Benefits in Texas
As you begin to apply for Social Security Disability benefits for your child or yourself, review these guides online:
You can apply online for Social Security Disability benefits. You also can apply by phoning (800) 772-1213 and asking for the regional Social Security office or by going in person to either of the five Social Security offices in the Dallas, TX, area.
Unfortunately, you can expect your first application for disability benefits to be denied. Most are. If you do not have a Social Security Disability lawyer helping you, this is a good time to contact one for a consultation about your claim.
If your application for benefits is denied, you have the right to appeal the decision. Your first appeal is a reconsideration hearing, which you must request within 60 days of the date your initial application is denied. A reconsideration hearing is simply another examiner’s review of your application, plus any additional information you have provided.
If you receive a denial after the reconsideration process, you have 60 days to request a hearing before an Administrative Law Judge. At this hearing, your lawyer can present your claim to the judge. This may include any new information you have, such as recent medical records and testimony by medical and vocational experts. You also have the opportunity to respond to issues raised about your claim. The wait for a hearing tends to be lengthy, but many claims are approved once the claimant has this hands-on opportunity to make their case with the help of an experienced Dallas disability lawyer.
If the Administrative Law Judge hearing is not successful, you can request a review by the Social Security Appeals Council, and if that fails, you have the right to file a lawsuit in U.S. District Court.
The law firm of Kraft & Associates, P.C., has helped disabled individuals and their loved ones obtain federal benefits since 1971. Our decades of experience have given us a clear understanding of how important disability benefits are to our clients and how the Social Security Administration works. We can help you or your disabled child apply for the benefits that best meet your qualifications.
We can help you determine whether you qualify for benefits, help you complete your application, protect your rights and provide sound legal advice throughout the claim process. If your initial application has been denied, our lawyers can represent you during the appeals process.
Contact Our Social Security Disability Lawyers
At Kraft & Associates, P.C., we can assist with a Social Security Disability claim from the start of the application process so our client does not lose time by making an omission that causes their initial claim to be rejected. We can make sure your application is complete, or we can help you appeal a wrongly denied claim.
The Social Security Disability claim attorneys at Kraft & Associates, P.C., can make a significant difference in your or your child’s pursuit of disability benefits. Call (214) 999-9999 or contact us online to schedule a free consultation with a member of our dedicated legal team. Remember: You will pay us nothing for our services unless you receive disability benefits.