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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13267
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I receive s.s. benefits under my father's s.s. number. I

Customer Question

I receive s.s. benefits under my father's s.s. number. I also am entitled to disability benefits which I don't get because I get my father's social security. I was told I can't get married or I'll lose my sl.s. benefits I would keep my disability but that is much much lowerWhat should I do?
Submitted: 4 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 4 months ago.

Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

Expert:  Stephanie O Joy, Esq replied 4 months ago.

OK, it sounds like you are taking a dependent benefit off of your father's work record, which is possible for claimant's who became disabled prior to age 22. It is known as a DAC benefit. It is true that DAC recipients (disabled adult child) must be "dependent" in a sense. Once we get married, we are no longer dependents of our parent, but not our spouse has the obligation to financially support us. As such, we can't get dependent benefits off of our parent. You CAN however, take your own work record benefit, even if married.

That said, there is an exception to the married rule for DAC beneficiaries - if you marry another DAC recipient. Then you can continue to choose your own DAC benefits.

Expert:  Stephanie O Joy, Esq replied 4 months ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

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