• 26
  • July
    2011

Most Social Security Disability Insurance (SSDI) applications are based on the earnings history of the person seeking disability benefits. But if the applicant is under 22 years old and has a parent who is deceased, retired or currently receiving SSDI benefits, the Social Security Administration (SSA) will look to the parent's earnings record to determine the benefit amount.

A few insights about this area of disability law can help applicants understand eligibility:

  • This provision covers adopted children, and in some cases even stepchildren, grandchildren or step grandchildren
  • The adult child does not need to have any documented work history, as under-22 disability is considered a type of child's benefit
  • Supplemental Security Income recipients under age 22 should learn if they are eligible for increased benefits and Medicare
  • Just like any other adult's application, the disability determination is based on whether the person can do work previously performed, whether an adjustment to other work is possible, and whether the disabling condition will last for a year or longer or result in death

The legal processes that guide any Social Security disability benefits application are governed by a complex web of regulations. But the greatest complexities are often in the factual issues that must be presented and proved to justify an individual's need for SSDI or SSI benefits.

North Carolina Social Security disability lawyers help clients understand issues such as how work history affects benefits, how long the process takes for applicants with various types of injuries, and whether an appeal may be necessary. An initial consultation can provide answers for applicants of all ages, regardless of their work background or the nature of the disabling injury or illness.