This Could Be a Vital Source of Support
You can get Disabled Adult Child (DAC) benefits in Arizona if you have a disability that began before age 22 and a parent who receives Social Security retirement or disability benefits, or who has died after working enough to be covered.
DAC benefits go to adults who developed serious disabilities at a young age and never worked enough to qualify for Social Security Disability Insurance (SSDI) benefits on their own.
What makes DAC benefits different is the fact that the adult child can qualify based on a parent’s Social Security work record.
Successful Disabled Adult Child benefit claims in Arizona have two main parts:
- The adult child must meet Social Security’s disability requirements.
- The parent must have a qualifying Social Security record.
For the adult child, Social Security requires that:
- You are 18 or older.
- Your qualifying disability began before age 22.
- You meet Social Security’s adult definition of disability.
- You are unmarried, although limited exceptions apply.
- You are not performing work that Social Security considers “substantial gainful activity.”
- You qualify as the worker’s child under Social Security’s rules.
Biological and adopted children may qualify, and under certain circumstances, stepchildren, grandchildren and step-grandchildren may also be eligible.
The parent’s Social Security status also matters. The parent must be:
- Receiving Social Security retirement benefits
- Receiving Social Security Disability benefits
- Deceased after working and paying enough into Social Security to be covered
There’s no upper age limit for applying. A person may be 25, 40 or older. What matters is whether Social Security can establish that the disability began before age 22 and continues to meet disability requirements.
At Slepian Ellexson, we are disability attorneys in Arizona who have been helping people with Social Security claims since 1978.
We are a local Arizona firm, and you get direct attention from a disability attorney who can look closely at your family’s situation, determine whether DAC benefits may be available and help gather the evidence Social Security needs.
Our goal is to make the process easier to navigate and help you and your family find a more stable life and future.
You can get help from a Slepian Ellexson disability attorney for no fee unless you win benefits
How Much Are Disabled Adult Child Benefits in Arizona?
The amount you can receive in Disabled Adult Child benefits depends on the qualifying parent’s Social Security earnings record.
Social Security calculates the parent’s “primary insurance amount” based on their work history and earnings. The adult child may then receive a percentage of that amount.
As a general Social Security rule:
- If the parent is alive and receiving Social Security retirement or disability benefits, the adult child may receive up to 50% of the parent’s primary insurance amount.
- If the qualifying parent has died, the adult child may receive up to 75% of the parent’s primary insurance amount as a survivor benefit.
Does a DAC payment reduce the parent’s own Social Security retirement or disability benefit?
No. But Social Security does limit the total amount an entire family can collect on one worker’s record. This is called the “family maximum.”
If several family members receive benefits on the same parent’s record, the amount paid to each family member may be reduced.
For an adult child who already receives Supplemental Security Income (SSI) disability benefits, becoming eligible for DAC benefits can also change the amount they receive in SSI.
DAC payments count as income for SSI purposes, so the SSI payment may be reduced or stop altogether. In some situations, however, the DAC benefit may provide a higher monthly payment than SSI, so DAC benefits can be worth pursuing.
DAC benefits can also lead to Medicare eligibility after a waiting period, which can make these benefits especially important for someone who has relied on SSI and Medicaid for many years.
Because the size of your monthly check depends on the parent’s work record and any other benefits you receive, there is no single monthly DAC payment that applies to everyone.
Slepian Ellexson’s Arizona disability attorneys can review the qualifying parent’s Social Security record and the adult child’s current benefits to help explain what DAC benefits may be worth.
We can also help you understand how a new DAC payment could affect SSI, Medicare or other benefits so you have a clearer picture of what this change could mean financially and how you should proceed.
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Qualifying and Applying for Disabled Adult Child Benefits in Arizona
A wide range of health conditions could qualify for DAC benefits.
These may include developmental disabilities, cerebral palsy, autism spectrum disorder, epilepsy, intellectual disabilities, serious neurological conditions and severe mental health disorders.
An important thing to remember is that the diagnosis itself doesn’t guarantee benefits. Social Security still has to find that the condition is severe enough to meet its adult disability definition.
Applying for Disabled Adult Child benefits is not just about proving that you have a disability right now. Social Security also needs to know when your disability began and how it has affected your ability to function and work over time.
For a DAC claim, Social Security will usually ask for an Adult Disability Report describing your medical conditions, treatment and work history. You will also need to give Social Security permission to request medical records. And you need information about the parent whose Social Security record you are using.
One of the most important parts of the claim is showing that your disability began before age 22. You will also need to show that it is still severe enough to meet Social Security’s disability rules.
That can be difficult if you are applying many years after your disability began. For example, if you are now 40, Social Security may still need records showing what your condition was like before your 22nd birthday.
Helpful evidence can include:
- Medical records from childhood and young adulthood
- Current medical records
- Records from doctors, specialists, psychologists or therapists
- School records and individualized education programs (IEPs)
- Psychological or developmental testing
- Records showing special education or other accommodations
- Information about medications and treatment
- Medical opinions about your limitations
- Records of unsuccessful attempts to work
- Information about the qualifying parent’s Social Security record
School records can be especially helpful for people with autism, intellectual or developmental disabilities or mental health conditions.
An IEP, psychological evaluation or history of special accommodations may help show that serious limitations were already present before age 22.
Your work history may also be important. Maybe you tried to work but could only manage shortened hours. Maybe you needed extra supervision, frequent breaks or special accommodations. Maybe your condition made it difficult to keep a job for very long.
Social Security should understand the difference between trying to work and actually being able to maintain regular employment.
You also don’t need to wait until you have every old record before starting your claim. Records from childhood may be difficult to find, especially if many years have passed. Social Security can help obtain some of the information it needs.
What if My DAC Benefits Claim Is Denied?
If your DAC claim is denied, don’t assume that means you cannot get benefits.
Social Security may be missing important records or may not fully understand when your disability began or how it affects your ability to work. A disability attorney can help make your case stronger.
You generally have 60 days to appeal a denial.
If the claim continues to be denied, you may eventually have the opportunity to present your case to a judge.
At Slepian Ellexson, we know what Social Security looks for in these claims. We can review your medical, school and work records, find gaps in the evidence and help you show how a disability that began before age 22 continues to affect your life today.
If you are applying for the first time, we can help you build a stronger claim from the beginning. If you have already been denied, we can review what went wrong and help you appeal.
Slepian Ellexson helps people in Phoenix, Tucson and across Arizona.
Let us help you claim better support for a more economically secure life.
