Disabled Adult Child Benefits Lawyers in Los Angeles Helping Protect Your Loved Ones
As your child gets older, you may start worrying about how they will take care of themselves. If your child has a disability, those worries can be even greater. Fortunately, if you are receiving Social Security benefits, your child may also be eligible for disabled adult child benefits.
Roeschke Law, LLC is here to help ensure that your disabled adult child receives the benefits they need and deserve. Our team of knowledgeable and experienced lawyers can help guide you through the process of applying for and obtaining disability or supplemental benefits. We have helped countless families in Los Angeles and across California get the assistance they need, and we are ready to put our skills and resources to work for you. Hiring a skilled disabled adult child benefits lawyer in Los Angeles is a great way to start. We are available to help with social security disability benefits, beginning the initial claim, and advocating and guiding you every step of the way. Call our law firm to discuss disability law at (310) 906-2556 and schedule a free consultation.
Are There Government Benefits Available For a Disabled Adult Child?
There are two primary programs that offer government benefits for disabled adult children, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Although both programs are run by the Social Security Administration, they have different eligibility requirements. In order to receive benefits from either program, an adult child must first prove that they suffer from a long-term disability or illness that prevents them from being able to work.
Social Security Disability Insurance
In order to be eligible for SSDI benefits, an adult child must have worked enough years and paid into Social Security. The number of years required depends on the applicant’s age. For example, someone who is younger than 24 years old may only need to have worked one and a half years, while someone who is older than 44 may need 10 years or more. In addition to having worked, the applicant’s disability must also be severe enough that it prevents them from being able to work for at least one year.
Supplemental Security Income
Although SSI has different eligibility requirements, disabled adult children may still qualify for this program if they are unable to work due to their disability. One of the main requirements for SSI is that the applicant’s household income must fall below a certain level. However, there are certain “deductions” that can be taken from an applicant’s income, which may help them qualify even if their earnings are slightly above the limit.
In addition to meeting the financial requirements, applicants must also be U.S. citizens or have certain immigration statuses. They must also be disabled, blind, or over the age of 65. As with SSDI, the disability must be severe enough to prevent the applicant from being able to work for at least one year.
How Long Do These Benefits Last?
There is no definitive answer to this question as each case is unique. However, as long as an adult child continues to suffer from a disabling condition that prevents them from being able to work, they should continue to be eligible for benefits. In some cases, benefits may even be renewed if the applicant’s condition improves but then deteriorates again.
If an adult child is no longer disabled and is able to work, their benefits will be discontinued.
It should also be noted that these programs are not meant to provide lifelong support. Rather, they are designed to offer temporary assistance while the applicant looks for other forms of income. For example, an adult child may use their benefits to pay for vocational rehabilitation or job training so that they can eventually become self-sufficient.
What Is Required For a Disabled Adult Child To Receive Benefits?
In order to qualify for disabled adult child benefits, your child must:
- Have a physical or mental condition that started before they turned 22
- Be unmarried
- Not be currently working or able to work because of their condition (or make less than $1,170/month if they are working)
- Be a U.S. citizen or national, or a resident alien who meets certain requirements
- The parent or step-parent must be receiving Social Security benefits or Supplemental Security Income (SSI).
If you meet all of these requirements, your child may be eligible for disabled adult child benefits. These benefits can help cover the costs of medical care, housing, and other necessary expenses. They can also be used to help pay for things like education and job training. If you think you or your child may be eligible for these benefits, you should contact a lawyer who specializes in this area of law. They will be able to help you figure out if you qualify and how to apply for these benefits.
How Long Does a Disabled Adult Child Get Benefits For?
If you are the parent of a disabled adult child, you may be wondering how long his or her benefits will last. Social Security Disability Insurance (SSDI) benefits can continue indefinitely, as long as the disability remains severe. However, Supplemental Security Income (SSI) benefits are capped at age 18, unless the child marries or becomes emancipated.
In order to receive SSDI benefits, an individual must have worked enough years and paid into Social Security. The number of years required depends on the applicant’s age. For example, someone who is 31 or older must have worked five out of the past 10 years. When applying for SSDI benefits on behalf of a disabled child, the parents’ work history will be taken into account. If the parents have not worked enough years to qualify, the child may still be eligible for SSI benefits.
To receive SSI benefits, an individual must have a limited income and few assets. The child’s disability must also meet Social Security’s definition of “severe.” For children under age 18, the disability does not have to be expected to last at least one year in order to qualify. If a disabled child turns 18 and is still attending high school, he or she can continue receiving SSI benefits until graduation (up to age 22). Once the child graduates, he or she will no longer be eligible for SSI benefits unless the disability is expected to last at least one year.
What Can an Adult Child Benefits Attorney Help Me With?
Whether you are applying for SSDI or SSI benefits on behalf of your disabled child, it is important to have an experienced disability attorney on your side. The application and appeals process can be complex and confusing, and a lawyer can help you navigate it. An attorney can also help you gather the evidence you need to prove that your child meets Social Security’s definition of “disabled.”
If you have been denied benefits, an attorney can represent you at a hearing before an administrative law judge. He or she will cross-examine witnesses and introduce evidence on your behalf. The judge will then make a decision about whether or not your child is entitled to benefits. An attorney can also help you if your child’s benefits are being terminated or reduced. If this happens, you have the right to appeal the decision. An attorney can help you file the necessary paperwork and represent you at a hearing, if necessary.
If you are the parent of a disabled child, it is important to understand your rights and options. An experienced disability attorney in California can help you navigate the benefits process and ensure that your child receives the benefits he or she is entitled to. To learn more about how we can help you, call us at (310) 906-2556 to schedule a free consultation.