Social Security & Medicare for Adult Disabled Children

By:   Sheryl R. Frishman, Esq.

Many parents of adult disabled children do not realize that their children may be entitled to Social Security Disability Insurance Benefits (SSDI) and Medicare.

SSDI and Medicare adult disabled child benefits are designed to provide financial and Medical support to disabled children, over the age of 18, of parents who have paid into the Social Security program. The eligibility rules for these benefits are extremely complex.

Basically, an applicant needs to be able to prove the following:

  • He or she is unable to earn a substantial income through work as a result of a qualifying physical, mental or emotional condition that he or she has had since before the age of 22; and
  • At least one of his or her parents has worked enough quarters to qualify for Social Security benefits and has since died, retired or become disabled from working.

A disabled adult child may be entitled to SSDI and Medicare in addition to SSI and Medicaid.  Additionally, the adult with a disability, in some circumstances may be eligible to work and remain eligible for SSDI and Medicare benefits.  Further, the Social Security Administration has numerous work incentives, allowing the adult child to work and still receive benefits.

The Social Security Administration puts out a guide for “Benefits for Children with Disabilities” which can be found at http://www.ssa.gov/pubs/10026.pdf.

If you or your spouse are retired or disabled and receiving Social Security benefits and have a disabled adult child who has been denied the SSDI benefits, the experienced attorneys at Littman Krooks, LLP can assist you in filing an appeal, so that your child can obtain the benefits they are entitled to. Our firm represents adult children with disabilities in SSDI appeals on a contingent fee basis, which means that there is no out of pocket legal costs for filing the appeal.

For more information, visit www.specialneedsnewyork.com.

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