Can a Disabled Adult Child With a Work History Draw on Parent's Social Security

[jennmct]

My brother-in-law is severely physically disabled from a progressive genetic disease. He has never been able to live without a full-time caregiver. At this point in his life, he cannot work at all. He went to college and law school and worked from 11 months around the age of 30. His father is currently retired and receiving SS. Can he draw on my father-in-law's Social Security as an adult disabled child?

Thanks for your time.

[Janke]

Maybe, maybe not.

He would have to prove that the progressiveness of his illness was severe before age 22 and that there is medical evidence dated before his 22nd birthday to show how limited he was at that time. If his progressive illness was not severely disabling until age 26 or 29, then he would be denied on his father's record.

Only way to know for sure is to file a claim, allege an onset date before his 22nd birthday and provide all medical treating sources for that time period. Actually obtaining the full medical record would be helpful too, but is not required. SSA will ask the sources for them, but will not dig and dig, and sometimes old records are hard to get. He would also be asked about the 11 months of work; how much money he earned, why he didn't keep working. He was mentally fit enough to go to law school, why didn't he find a job that paid him something so he could earn his own Social Security credits?

When his father filed his retirement claim he was asked if he had an minor children, 18 year old high school children, or adult children who became disabled before age 22. Why didn't he say yes?

Has he ever filed an SSI claim?

[jennmct]

Thanks for your post. He is on SSI right now.

As for your other questions/comments, prior to age 22, he had limited control of one hand and upper arm, no control of his other arm, and no control of anything below chest level. He now has no muscle control below the neck. He has been, since about age 18, an "almost" quadriplegic. His illness and its progression is very well-documented, so that part should not be a problem.

He was let go from the one job he had because they eliminated that department. As far as I know, he was unable to find another job that could accommodate him physically, and his health deteriorated rapidly.

As for whether or not my father-in-law said yes or no when asked about his children, I don't know how he answered. I can try to find out. Any info or guidance you can provide is much appreciated.

[Janke]

As an SSI recipient, he is actually required to file for disabled adult child benefits because receipt of that money would reduce SSI benefits. The question is supposed to be asked at every redetermination. It is also overlooked sometimes. He would need to provide the start date and stop date of the jobs he has had and the dollar amount earned would determine whether or not he performed substantial gainful activity after his onset. Another thing that should be documented would be the value of all the accomodations the employer provided in order for him to be able to work. Those impairment related work expenses would reduce the real value of the wages.