Adult Disabled Child Benefits in Massachusetts and throughout New England

There are a number of benefits available to children under the Social Security disability system, including benefits under one’s parent’s record assuming the insured wage earner has worked sufficiently to qualify for a benefit to their minor child.  Such benefits can continue until the child reaches the age of 18, or up until the age of 19 years and 2 months assuming the child remains in secondary school.  Likewise, the Social Security regulations do provide for benefit programs to younger individuals who may become disabled from working at a young age and do not qualify for benefits under their own earnings record as they have not paid sufficiently into the Social Security disability insurance benefit program: 1) they may qualify for a benefits under the welfare Supplemental Security Income (SSI) program and, additionally,  2) they may qualify for a lesser known benefit as an “adult disabled child” and obtain what is deemed to be a survivor benefit under their retired, disabled or deceased parent’s record.  

Social Security regulation 20 C.F.R. § 404.350 provides for benefits if the individual became continuously disabled from gainful employment (with the same standard used as for an adult) at a point prior to the age of 22, you are a dependent of the insured and remain unmarried.  The insured’s parent must be entitlted to retirement benefits, disability benefits or be dead (and insured) in order for benefits to be payable.  The Social Security regulations likewise provide that the claimant can be a dependent natural child, legally adopted child, step child or grandchild.  Unlike disability insurance for adults under their own Social Security record, there is no waiting period prior to entitlement.  It is important to understand that benefits are not payable unless the claimant is able to show that they have remained continuously unable to work since before the ate of 22: assuming the condition did not prevent them from working until  after they turned 22, benefits will not be payable.

The benefit amount payable will depend on the number of individuals collecting under the wage earner’s account.  Generally, depending on the amount of the wage earner’s work contributions over the course of their work history, the family benefit amount can be as much as an additional 50% of the wage earner’s benefit (which is then divided by the number of individuals, including a spouse and other children who may qualify for a dependent or survivor benefit under the earnings record).

Issues of what constitutes dependency and what constitutes an adopted child qualified for benefits can be a more complicated one.   Likewise, deciding which benefits or combination of benefits should be pursued can likewise prove complicated: there are rare circumstances where it would be appropriate to pursue a disability insurance benefit under one’s own record, along with adult disabled child and SSI claims as well.   Given this, getting the advice and assistance of a Social Security disability lawyer who is experienced and well schooled with these regulations is important.   Call the Massachusetts Social Security disability lawyer Russell J. Goldsmith  for a free evaluation of the benefits to which you may be entitled at 1-800-773-8622.

More Blog Posts:

How Your Maine Social Security Lawyer Should Assist with your Online Disability Report Appeal Form,  Social Security Disability Lawyer Blog, January 18, 2015

Considerations by your NH Social Security Lawyer in Picking an Alleged Onset Date, Social Security Disability Lawyer Blog, January 17, 2015

The Social Security Disability Program in Massachusetts: a Non-Adversarial System, Social Security Disability Lawyer Blog, January 16, 2015

Web Resource:

Social Security Disability Planner: Family Benefits