Disabled Adult Child (DAC) Benefits: Social Security for Adults Disabled Before 22
Many Orange County families care for an adult son or daughter whose disability started in
childhood or early adulthood. Some of them don’t know that Social Security has a benefit
built for this situation. It’s called Childhood Disability Benefits (CDB), and most
people know it as Disabled Adult Child (DAC) benefits.
DAC benefits are paid on a parent’s Social Security work record, not the adult child’s
own. That matters, because many people disabled young never worked long enough to qualify
for SSDI on their own.
What are DAC benefits?
DAC benefits are a type of Social Security child’s benefit that continues, or starts, after
age 18 for an adult whose disability began before age 22. Social Security pays them through
the same Title II program as SSDI. There is no upper age limit: a person can first qualify
in their 30s, 40s or later, as long as the disability started before 22 and the other rules
are met.
Who qualifies?
According to Social Security, an adult child may qualify if they:
- are 18 or older and have a disability that began before age 22;
- meet Social Security’s adult definition of disability: a medical condition that keeps
them from doing substantial work (called substantial gainful activity, or SGA) and has
lasted, or is expected to last, at least 12 months; - are unmarried (there are some exceptions); and
- are the child of a parent who receives Social Security retirement or disability
benefits, or who has died after working long enough under Social Security.
In some cases an adopted child, stepchild or grandchild can qualify on a stepparent’s or
grandparent’s record.
When do DAC benefits start?
Because DAC benefits depend on the parent’s record, the timing often surprises families.
An adult child usually can’t claim until a parent retires, becomes disabled or dies.
That is why many people first apply in middle age, when a parent starts collecting
retirement benefits.
How much are DAC benefits?
The benefit is a share of the parent’s Social Security benefit, generally up to 50% while
the parent is living and up to 75% after the parent dies. It is subject to the “family
maximum,” a cap on the total paid to one family on one worker’s record.
DAC benefits and SSI
Many adults disabled since childhood receive SSI first, because SSI doesn’t need a work
record. When a parent retires, becomes disabled or dies, the adult child may become eligible
for DAC benefits on that parent’s record. DAC benefits count as income for SSI, so the SSI
payment may go down or stop. Social Security also notes that someone who was over SSI’s
financial limits as a child may qualify for DAC benefits later.
Things that can affect DAC benefits
- Marriage usually ends DAC benefits, with some exceptions.
- Work above the SGA level can end eligibility or benefits. Social Security has special
work rules (work incentives) for people who want to try working. - Medical improvement reviewed in a continuing disability review can end benefits.
- If DAC benefits end because the disability ended, they can be reinstated if the same
person becomes disabled again within 7 years (84 months).
How to apply
Call Social Security at 1-800-772-1213 (TTY 1-800-325-0778) to make an appointment.
Social Security says an adult (18 or older) should file their own application, and a parent
may help. Before the appointment, gather:
- the adult child’s medical records and a list of doctors, clinics and hospitals;
- school records, especially special education records, that show the condition began
before 22; - the parent’s Social Security number and work information; and
- the Adult Disability Report (SSA-3368) and Authorization to Disclose Information
(SSA-827), filled in ahead of time.
If the DAC claim is denied
DAC claims are often denied for the same reasons other disability claims are: missing
medical evidence, or a decision that the disability began after age 22. Proving when the
disability started can take records from many years ago. You usually have 60 days to appeal
a denial, so don’t wait.
Kenneth G. Marks has more than 40 years of legal experience focused on Social Security
disability, and he handles each case personally. If your adult child’s DAC claim has been
denied, or you aren’t sure whether they qualify, Mr. Marks can review the situation and
explain your next steps. No attorney can guarantee the outcome of a Social Security
disability claim, but careful preparation of the medical and school records matters.
Call (949) 748-6470 or contact us for a free case evaluation. Appointments
are available in Laguna Niguel or by Zoom.