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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7629
Experience:  Just Answer consultant at Self employed
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Is a disabled child of a deceased parent entitled to some

Customer Question

Is a disabled child of a deceased parent entitled to some social security benefits? The child was declared disabled before the age of 22? Thank you in advance
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Father was in Alabama when he died. Child in Florida.
JA: Has anything been filed or reported?
Customer: Father died in June 2015. Daughter was given some funds until this month, then suddenly stopped. Letter from Social Security gave no reason. Called non on their records either. Thought maybe some new law?
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO thank you.
Submitted: 3 months ago.
Category: Legal
Expert:  legalgems replied 3 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 3 months ago.

The benefits legally are to continue unless the recipient's income disqualifies him/her, or if they marry a non-disabled person.

Q: Does it matter when a child or adult child becomes disabled?
A: Yes. Minor disabled children of low-income parents may qualify for SSI in their own right, and may continue to draw SSI after a review at age 18 if they are unable to perform “substantial gainful activity,” i.e., earn at least $1,130/month gross (in 2016) at a non-sheltered job. To qualify as an adult disabled child and draw benefits on a parent’s work record, however, the onset date of the disability is critical. The claimant must be able to prove that the disability began during the developmental years, defined as “before age 22.” For instance, a 25-year old adult child who has suffered developmental delays from birth, or who became disabled as a result of an early childhood disease, is treated differently from a 25-year old adult child who, at age 25, is diagnosed for the first time with bipolar disorder or who suffers a traumatic brain injury. Those who had no documented impairments before age 22, and worked or went to college before disability affected their functioning, may never be able to draw on a parent’s earnings record, even if they have always been dependent on their parents and unable to support themselves.

Q: Is it true that adults receiving disability benefits can’t get married?
A: No. Competent adults with disabilities may freely marry whomever they wish. Nevertheless, getting married can affect their benefits.For someone receiving adult Childhood Disability Benefits on a parent’s work record, marrying a non-disabled bride or groom ends the benefits. If the new spouse is also receiving work-record-based disability (or retirement) benefits, the couple will not lose the benefits each had while single. For adults with disabilities receiving only SSI (neither work history of their own nor a parent’s record to draw on), the income and assets of one spouse can affect the other’s SSI benefits, since the couple is treated as a unit. Even though common-law marriage is no longer recognized in Ohio, a couple holding themselves out as husband and wife may be treated as a married couple for benefits, which may affect the household’s SSI levels. That information is here

Also please see here

The 2016 Act is here, and there has been no change in these provisions.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 3 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!