Episode 141: In today’s episode, attorney Jeff Roberts discusses social security disability benefits for children, including disabled adult children. With 34 years of experience, Jeff has decades of experience helping families who are navigating challenges and trying to secure benefits. This discussion covers a broad range of topics, including special needs trusts, medical documentation and the roll your child’s teacher can play in the disability claim.
Differences for Disabled Minors vs. Disabled Adult Children
One of the issues is the type of case that will be pursued and the related benefits they may receive. I disabled child would potentially qualify for Supplemental Security Income (SSI) benefits. An adult child would file for Disabled Adult Child Benefits from the Social Security Administration.
To qualify for benefits, the disabled adult child must be 18 older. The disability must start before their 22nd birthday. They would then have the potential to draw benefits based on the earnings record of their parents. It’s not a needs-based program, which is the case with SSI.
Parents or guardians will have to establish that the adult child’s disability began prior to him/her turning 22. It’s recommended that the application process begin as soon as possible, so that the medical proof can be documented and substantiated.
Determining the Disability of a Minor Child
It must be proven that the child had a marked and severe functional limitation that is expected to last longer than 12 months or will result in death. The condition must be determined to seriously interfere with the child’s ability to independently initiate, sustain and complete age-appropriate activities.
There is a variety of reasons that might have caused the resulting disability. A few include:
- Autism
- Down Syndrome
- Cognitive Injuries
- Spinal Injuries
- Mental Health Issues
- And many more
The Advantage of a Special Needs Trust
SSI is a needs-based program. While the child wouldn’t generate income, other issues such as a significant inheritance. However, resources that don’t count against the child’s ability to qualify could be shielded in a special needs trust.
A special needs trust is a specific instrument that can contain significant funds, but the use of those funds is limited. Importantly, even if the child’s trust were to have $1,000,000, it wouldn’t be counted against the child’s ability to qualify. The child, as the beneficiary, doesn’t maintain control over the funds. An adult child can also receive the same protection, via a special needs trust. In both situations, a trustee is named to manage the funds and how they are dispersed.
The trust is there to cover extraordinary expenses not covered by Medicaid, among other things.
Another way to provide funds for the disabled child is via an ABLE account. It is called an Achieve a Better Life account or a Section 529A account. It can be used for a disabled minor or a disabled adult. However, the ABLE account won’t be permitted to contain as much money as a special needs trust.
What Happens when the Disabled Child Turns 18?
This is an important milestone for the child, as it relates to his/her disability benefits. The individual will now be re-evaluated using the adult definition of disability, rather than how he/she compared to others in their specific age group.
This re-evaluation focuses on the individual’s ability to work. Can they maintain a full-time job? Jeff points out that certain, sheltered workshop employment opportunities do not disqualify the disabled individual from receiving benefits. The conditions in the workshop are set up for disabled individuals.
The parent or guardian can handle the initial application for benefits. As mentioned in other episodes, statistically, that application will commonly be rejected by the Social Security Administration. Upon receiving that rejection notice, contact an experienced, social security disability attorney to help you to take the next step.
Medical Documentation Is Very Important
For a minor child, it’s important the child continues to see the doctors and specialists, as prescribed. Keep a list of all of the medical professionals who are treating your child. You’ll need this information for your disability application.
Talk with the doctors to determine if they will be willing to support your disability benefit application. It doesn’t mean you won’t get approved without them. However, it does make the process more difficult. This applies to both minor and disabled adult children.
School Records Are Also Important for Your Disability Claim
School records can support your minor child’s SSI disability claim. Your child’s teachers may be willing to write letters regarding how your child is progressing, compared to his/her classmates. They typically spend more time with your child than the doctors do.
Additional Financial Considerations when Applying for Disability Benefits
Income, assets and resources the child has can be important. The parents’ income is actually less so. Size of household is another consideration. As previously mentioned, a special needs trust or ABLE account can shield funds from consideration.
If parents are wealthy, that may have a negative impact on the child’s ability to get approved for disability benefits, but it doesn’t mean you shouldn’t apply. Your attorney may be able to advise you on how best to present the situation.
Jeff offers free, initial consultations to ensure you have the information you need to decide your best options.
We hope you found this episode insightful and helpful. Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers “Small Town Service with Big City Results.”
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Social Security Disability Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
