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Old 04-01-2011, 01:43 AM #1
Cricket183 Cricket183 is offline
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Default Question about filing for adult child

I am going to be filing for disability for my son who is 20. He has chronic intractable, daily migraine headaches. They started at age 15. We filed originally when he was 17 but he was denied and we did not appeal at that time. However, he has gotten significantly worse to the point where he cannot go to college or work even part time. He has only had two short-term part-time jobs so we will be filing under my earnings record (my husband is a minister and opted out of social security for tax purposes). I am already on disability myself for RSD/CRPS (entire upper body and internal organ involvement), Sjogren's Syndrome, gastroparesis, chronic fatigue syndrome, and SVT (Supraventricular Tachycardia). My question is can we both draw off of my earnings record? Just as a side note, my son has also been diagnosed with bipolar but we do not plan on filing under this as his case is so mild that it does not interfere with his day-to-day activities most of the time. In fact, we have questioned the diagnosis since it was made. Is this a mistake? Should we include this as a disability?
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Old 04-01-2011, 11:43 AM #2
Mz Migraine Mz Migraine is offline
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Strongly suggest that you ask an attorney who ONLY handles Social Security cases. The initial consultation is free.
The attorney will advise you on your son's chances of collecting Social Security Disability benefits.

"To qualify for benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security's definition of disability. In general, we pay monthly cash benefits to people who are unable to work for a year or more because of a disability."
http://www.ssa.gov/disability/
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Old 04-01-2011, 12:30 PM #3
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Quote:
2. The Social Security Disability Insurance (SSDI) program.

This program provides monthly benefits to an adult child (a person age 18 or older) based on disability or blindness if the adult child's:

a. Impairment or combination of impairments meet the definition of disability for adults;

b. Disability began before age 22; and

c. Parent(s) worked long enough to be insured under Social Security and is receiving retirement or disability benefits or is deceased.
Here is the link:
http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/156

Since only ONE of your son's parents is covered by SS (you), I'm not sure how this would work. I'd suggest calling your local SS office and making an appointment.
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Old 04-01-2011, 12:35 PM #4
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Oh, and if/when you apply for your son, include ALL medical conditions -- for it is possible that the COMBINATION will carry more weight than any single condition.
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Old 04-01-2011, 08:40 PM #5
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Quote:
Originally Posted by Cricket183 View Post
I am going to be filing for disability for my son who is 20. He has chronic intractable, daily migraine headaches. They started at age 15. We filed originally when he was 17 but he was denied and we did not appeal at that time. However, he has gotten significantly worse to the point where he cannot go to college or work even part time. He has only had two short-term part-time jobs so we will be filing under my earnings record (my husband is a minister and opted out of social security for tax purposes). I am already on disability myself for RSD/CRPS (entire upper body and internal organ involvement), Sjogren's Syndrome, gastroparesis, chronic fatigue syndrome, and SVT (Supraventricular Tachycardia). My question is can we both draw off of my earnings record? Just as a side note, my son has also been diagnosed with bipolar but we do not plan on filing under this as his case is so mild that it does not interfere with his day-to-day activities most of the time. In fact, we have questioned the diagnosis since it was made. Is this a mistake? Should we include this as a disability?
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Your son is an adult. You cannot file on his behalf. He has to do it. You can help him.

Did your son qualify for auxilliary benefits on your earnings record when he was a minor? The benefits for family members are limited by a formula called the family maximum. Qualifying for Disabled Adult Child benefits on your record would also be subject to the family maximum.

If he has enough credits on his own small earnings, he will be required to file on his own record as well. Two short term part-time jobs may not be enough but it depends upon the dollar amounts. Younger people need fewer credits to qualify.

Your son may also want to file for the public assistance disability program, SSI. They will need to know all about his assets and income and living arrangements.

Your son should list all illnesses and conditions that impact his ability to work and should not be selective. If it doesn't interfere most of the time, it interferes some of the time. May not be severe.
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