How A Family Law Attorney Can Help

Disabled Adults Might Be Able To Access Their Parent's Social Security Benefits

Disabled adults who have never been able to work or were only able to work up until the age of 22 before becoming disabled or ill might be able to access Social Security benefits via their parent's work record if their parent has been steadily employed over several years. It is worth looking into and speaking to a lawyer who specializes in disability claims, especially if you have no other income and no means of earning an income due to your disability or illness. There are specific rules in qualifying for these benefits, and they aren't easy to obtain, but there is a chance you might be eligible.

How Does Social Security Disability Work?

The Social Security Disability program was created to protect workers who have been seriously injured, whether on the job or not, or have become so sick that they can no longer work and have no other means to earn an income. This program will provide an income to help their family survive. It also can provide benefits for the disabled person's children or even give benefits to families whose loved one has died. The benefits may be paid to the disabled child of an able-bodied worker as well if they meet the qualifications.

A child can receive these benefits up until the age of 18 when they are classified as a legal adult in most states. However, under certain circumstances, an adult child may still be able to receive these benefits past the age of 18 if that child was disabled or became ill before they turned 22 and are dependent on their parents.

How Do You Benefit From Your Parents' Work Record?

For a disabled adult to qualify for benefits under their parents' Social Security benefits, the parent must have been working and paying into the program by paying payroll taxes for at least several years prior to receiving the benefits. Your parent must have paid enough in taxes that the family maximum benefit amount, meaning, what their family might receive from the program, is greater than what your parent's monthly benefit alone is.

It is possible to receive these benefits even if your parent is deceased. If you marry at any point while receiving the benefit, however, you will no longer be eligible under your parent's work record and will stop getting the payments. As with anyone who receives Social Security disability payments, you will be eligible for medicare after several years.

For more information, contact local professionals like Horn & Kelley, PC Attorneys at Law.