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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 115499
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I AM A 46 YR OLD SINGLE DISABLED ADULT WHO QUALIFIES UNDER

Customer Question

I AM A 46 YR OLD SINGLE DISABLED ADULT WHO QUALIFIES UNDER THE DAC (DISABLED ADULT CHILD) FROM MY FATHERS SURVIVORS BENEFITS. MY FATHER WORKED FOR THE UNION FOR 50 YRS DIED AT AGE 67 AND MY SURVIVORS BENEFITS WERE GRANTED FOR $1508.00 MO.BUT NOW ARE SUSPENDED AFTER A $7,400 PAYMENT WAS MADE AND TWO DEPOSITS BY SOCIAL SECURITY. SOCIAL SECURITY SAID THEY PAID ME ERROROUSLY AND I NEEDED TO COMPLETE THE APPLICATION. ALSO PROVE MY DISABILITY WAS BEFORE AGE 22 WHICH I WAS 21. (AUGUST 20TH 1990) I ALSO DONT QUALIFY FOR MEDICARE UNTIL 2016. I DONT KNOW WHY I HAVE A TWO YEAR WAIT TIME. MY FATHER WAS IN THE UNION FOR 50 YEARS. IM BACK ON SSI GETTING 889.00 A MO. AND ONLY QUALIFY FOR A MEDI-CAL MANAGED CARE INSURANCE, HEALTH PLAN OF SAN JOAQUIN OR HEALTH NET. IF I'M GRANTED SURVIVORS BENEFITS THEN I QUALIFY UNDER THE (ABD) AGED,BLIND OR DISABLED AND (MN) MEDICALLY NEEDY PROGRAM WITH A SHARE OF COST MEDI-CAL OF $866.00 A MONTH. DUE TO MY INCOME BEING TOO HIGH FOR MEDI-CAL.I AM IN A WHEELCHAIR WAITING FOR TWO KNEE REPLACEMENTS. I DONT HAVE THE RIGHT INSURANCE TO SEE THE SURGEON I WANT TO SEE. I'M DOING APPEALS GETTING NO WHERE. I WAS INFORMED OF MY FATHER'S PENSION WAS TOOK OUT RIGHT BEFORE HIS DEATH. I BELIEVE HIS LIVE-IN GIRLFRIEND CLAIMED TO BE HIS WIFE AS SHE DID ON DEATH CERTIFICATE TO RECIEVE PENSION. I WANT TO KNOW IF I CAN QUALIFY FOR SSDI. UNDER MY FATHERS BENEFITS.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
As a permanently disabled adult, if you are as you describe, you should qualify for SSDI under your father's benefits if you have been on dependent benefits since before you turned 22. You should really consider using a local law firm to represent you on this because they can usually speed the process and because SSA has a bad habit of issuing general denials on the first application of people who really need the benefits (just because they are lazy and feel like denying the benefits and they have been sued several times for doing this but it still continues).
However, based on your description of your condition you should qualify for the SSDI and possibly supplemental benefits as well.