Disability from Childhood to Adulthood

"My disability began when I was a child. Can I still get benefits when I am an adult?"

A person who is over the age of 18 can receive disability benefits if their disability began before they reached age 22 and they meet the adult criteria for disability benefits. 

To be considered disabled as an adult, a person must:

  • Must not be able to do work that they have done before; 

  • Must not be able to do any other type of work because of their medical conditions; and

  • The inability to work due to medical conditions must be expected to last at least 12 months or result in death.

If the person’s disability under the adult standard began before age 22, and their parent is deceased, has started drawing retirement benefits, or also is disabled, then the disabled person can receive benefits based upon that parent’s earnings record. The disabled person in this situation is called a “disabled adult child.”

If the disabled person’s parent is not deceased, retired, or disabled, then the person may alternatively be eligible for Supplemental Security Income (SSI) benefits. Income and resources of parents are no longer counted against disabled persons once they reach the age of 18.  However, if the disabled person still lives at home with his or her parents, their monthly SSI benefit may be reduced if they do not pay their fair share of household expenses. Additionally, any income or resources that directly belong to the disabled person may further reduce their monthly SSI benefit.

Carol Herdman, Esq.

 

Disclaimer: This blog provides general information on legal issues and is not a substitute for legal advice. Each individual claim is unique. To seek legal guidance, you should contact an attorney.