If your teenager is turning 18 and currently receives disability benefits in South Carolina, you might be wondering if their services will continue or stop after their birthday. The answer depends on which program covers your child’s disability benefits.
The Federal Social Security Act authorizes two programs. The first is the Social Security Disability Insurance (SSDI) program, and the second is called the Supplemental Security Income (SSI) program. In South Carolina, decisions on disability claims under both programs are made by the Disability Determination Services (DDS) agency.
Many people think SSDI and SSI are the same things, but they aren’t. Keep reading to learn more from the South Carolina child disability lawyers at Land Parker Welch LLC.
When Can Children Receive SSDI Benefits Through Their Parents?
Disabled or blind residents under age 22 can receive SSDI benefits for children if they are dependents of a parent who is fully entitled to disability or retirement benefits. This is also true if the parent is deceased but was fully entitled to disability or retirement benefits before their death.
A parent must have worked and paid taxes to the Social Security system long enough to become fully insured and fully entitled to disability or retirement benefits.
“Insured” is a confusing term because it has nothing to do with actual insurance. Instead of private insurance coverage like you might receive from your employer, it refers to how long a person has paid taxes. The longer a person works, the more credits they earn to qualify for “fully insured” status.
The requirements to be designated fully insured are complicated. However, the lawyers at Land Parker Welch LLC can help you determine if your disabled child will qualify based on your insured status.
When Can Children Receive SSI Benefits Through Their Parents?
SSI benefits can apply to eligible disabled children from birth to age 18 (or 19 if they are enrolled in school) and if their family meets certain income and resource limits. These SSI benefits are not dependent on a parent’s insured status.
Once a child turns 18-years-old, their disability status must be reevaluated based on the definition of disability for adults.
Can My Disabled Adult Child Receive SSDI?
The adult disability definition states that “a claimant will be considered to be disabled if he or she is found to be unable to perform substantial gainful work activity due to a physical or mental impairment that has lasted or can be expected to last for twelve months (continuous months) or possibly result in death.”
The words “gainful” and “impairment” each have their specific requirements and interpretations. It’s wise to consult a Social Security Disability lawyer to determine if your disabled child would qualify for benefits past their 18th birthday.
What If My Disabled Adult Child Never Worked?
SSDI benefits paid to disabled children over 18-years-old are based on the parent’s social security earnings record (e.g., fully insured status). Therefore, SSDI benefits for children payments will be paid even if the disabled adult child never worked.
The SSI program does not include work requirements, but there are precise family income and resource limits.
Will Disability Benefits Be Terminated at Age 18?
An SSA publication explains, “Historically, about one-third of children lose their SSI eligibility following the age-18 redetermination.” But don’t lose hope. In South Carolina, other programs, such as special education or vocational rehabilitation services, may provide continuing benefits if your child ages out of the system.
Contact A Child Disability Lawyer in Manning, S.C.
At Land Parker Welch LLC, our disability attorneys have more than 120 years of combined experience helping disabled children and adults obtain SSD and SSDI benefits for children.
Based in Manning, our family-run law firm serves the South Carolina communities of Sumter, Manning, Summerton, Kingstree, Mayesville, Turbeville, New Zion, and Bishopville.
Whether you are new to the initial application process or need to appeal an unfavorable Social Security Disability decision, an experienced and compassionate social security disability lawyer for children at our firm can assist you. Call or contact us for a free consultation today.
