New SSA Policy Will Help Disabled Adult Children and Disabled Widows

What Are Disabled Adult Child Benefits?

Disabled Adult Child benefits offer monthly benefits available to eligible disabled adults. These benefits are paid from the Social Security wage record of the disabled adult’s parent. If the parent is living, a disabled adult child recipient receives approximately 50% of the parent’s benefit amount and up to 75% if the parent is deceased. An eligible disabled adult will receive benefits if:

• They meet the definition of disability for adults. 
• The disability began before age 22 and continues. 
• The claimant’s parent is deceased or has started receiving retirement or disability benefits. 
• The claimant is unmarried or married to another Social Security beneficiary. 

To learn more about DAC benefits, read our blog post about DAC eligibility, tips, considerations, and more. 

SSI and SSDI benefits to Disabled Adult Child benefits

In some cases, adults who receive SSI or SSDI benefits can shift to DAC benefits. This often occurs when young adults become entitled to disability benefits and then become eligible for DAC benefits after their parent dies or becomes eligible for Social Security retirement or disability benefits. If you were on disability benefits since 18 and before age 22 and are now eligible for benefits on your parent’s wage record, you can apply for DAC benefits.

What Are Disabled Widow Benefits?

Disabled Widow benefits offer monthly benefits to disabled widows or widowers whose insured spouse has died. These benefits are paid from the Social Security wage record of the disabled widow’s deceased spouse. The disabled widow will receive 71.5% of the deceased spouse’s benefit amount. An eligible disabled widow or widower will receive benefits if: 

• The claimant meets the definition of disability for adults
• The disability began within seven years of the deceased spouse’s death
• The claimant had been married to the deceased spouse for at least nine months before the latter’s death. 
• The claimant is not entitled to an equal or higher Social Security benefit based on their own wage record. 
• The claimant is between 50 and 59 years old. Once you turn 60, your widow’s disability benefits automatically convert to aged widows’ insurance benefits. 

SSI and SSDI benefits to Disabled Widow Benefits 

Disabled individuals who were disabled before their spouse’s death may convert their SSI or SSDI disability benefit to DWB after their spouse dies. Eligible disabled widows or widowers may file for Disabled Widow Benefits if the DWB amount is higher than the disability benefit amount they currently receive.  

How Does SSA’s New Policy Help Me?

If you are currently receiving either SSI or SSDI benefits and you are eligible for Disabled Widow Benefits or Disabled Adult Child benefits, you must file a new application. Before this policy change, when the SSA received a DAC benefit or DWB application, they conducted a medical evaluation to fully evaluate the claim. This was done even though the claimant was already disabled and receiving disability benefits from the SSA. This resulted in unnecessary delays and denials. 

Under the new policy, the SSA will automatically apply their disability decision and approve the new Disabled Widow Benefit or Disabled Adult Child claim. This new policy will apply if:

1. The prior disability determination and the new DAC or DWB claim require the application of the same definition of disability.
2. The SSA has not made an intervening medical determination finding that you are no longer disabled.
3. You have not engaged in any substantial gainful activity since the prior disability determination.
4. The disability onset date in the prior determination is on or before the date when you are required to prove disability in this new claim. 
   • For Disabled Widow Benefits claims, this means that you were already found disabled and are currently between the ages of 50 and 59.
   • For Disabled Adult Child claims, this means that you were already found disabled after 18 and before age 22.
5. The prior favorable disability determination has not been terminated. 
6. The SSA does not have a reason to believe the prior disability determination was wrong.

This new policy will save time and avoid unnecessary denials. If you have questions about Disabled Adult Child benefits or Disabled Widow Benefits, contact LaPorte Law Firm. We have experience helping eligible individuals obtain the benefits they deserve.