Previous Article | Next Article | Back To List
I am 23 years old, and have been disabled due to an injury sustained from a car accident eight years ago. Am I entitled to any of the Social Security Disability programs?
Good question. The short answer is that you might qualify for Supplemental Security Income (“SSI”) and/or Social Security Disability Insurance benefits (“SSD”). Since you are currently twenty-three years old, and the automobile accident occurred eight years ago, your potential disability claim extends back to age 15. Individuals under 18 are considered children under social security rules. Once you reach age 18, social security considers you an adult and different rules apply. To answer your question we will need to discuss the different standards for a finding of “disabled” for children and adults, and the different ways in which Social Security assesses one’s financial need.
Children (individuals under 18) and adults qualify for Supplemental Security Income (“SSI”) if they are found “disabled” under social security rules and demonstrate the requisite financial need. Adults may qualify for Social Security Disability Insurance benefits (“SSD”) if they are found “disabled” and have contributed sufficient credits through social security wage tax deductions. To clarify, a disabled child that demonstrates financial need will receive SSI benefits based on his or her own disabled status. Once claimants reach age 18, they may qualify for either or both SSI and SSD depending on their financial status and whether they contributed through wage tax deductions.
The disability analysis for adults and children differs. A child may be found “disabled” if the child has a physical or mental condition that very seriously limits his or her activities, and the disabling condition must have lasted, or is expected to last for at least one year, or result in death. To be found “disabled,” an adult must establish that he or she suffers from a severe mental and/or physical impairment(s) that prevent the individual from engaging in substantial gainful activity, and that has lasted, or is expected to least for at least one year, or result in death. This condition must also prevent the individual from engaging in past relevant work, or any other potential appropriate employment on a substantial and regular basis.
In order to answer your question, since your disability began in your childhood, you would have to establish that you met the criteria for “disabled” status under the child disability analysis from the date of the accident until your 18th birthday. You would have to demonstrate that your disabling condition(s) very seriously limited you ability to engage in your normal activities of a 15 to 18 year old child. I would need to know much more about your condition(s) to determine whether you might qualify. Once you reached age 18, the disability analysis would proceed under the adult rules.
Keep in mind that you must demonstrate financial need to qualify for SSI benefits in addition to the disability finding regardless of whether you are an adult or child. An important distinction to note is that parents’ resources are considered those of the child when the child’s financial need assessment is conducted for the purposes of SSI. After age 18, a individual’s parent’s resources do not count towards those of the individual, making it easier for the child to qualify financially. Therefore, if a child does not qualify financially, he or she might qualify financially after his or her 18th birthday.
Assuming that you did qualify for childhood SSI benefits from the date of the accident and under the adult rules when you turned 18 to the present time, you would be entitled to retroactive SSI benefits from the onset date of the disability to present, in addition to ongoing benefits.
Another important factor to keep in mind is that individuals over 18 but under age 22 may qualify for SSD benefits based on a parent’s retirement, death, or disability social security status. For example, assuming you are over 18 but under 22, your parent is receiving disability benefits or retirement benefits, and that you meet the definition of “disabled” under adult rules, you are eligible to receive benefits based on your parent’s social security earnings records in the form of SSD benefits. The SSD benefit amount under a parent’s earnings record is often times higher than the SSI benefit to which the individual may be entitled.
In conclusion, disabled children and adults are subjected to different standards with respect to the disability and financial analysis. Individuals over 18, but under 22, may qualify under a parent’s earnings record, potentially entitling them to a higher benefit in the form of SSD instead of SSI.
Should you have any questions regarding social security benefits, or if you would like to consult with an attorney, please contact our office.