Florida Disabled Adult Child Lawyer

Providing Economic Security for Young Disabled Adults

Suffering a disability can leave a person unable to care for themselves. Fortunately, the Social Security Administration (SSA) provides benefits to impaired individuals with a work history. However, what happens when a person hasn’t worked much due to their young age? In these situations, they may be able to secure Disabled Adult Child (DAC) benefits in Florida. Unfortunately, the process can be challenging.

At The Law Office of Nancy L. Cavey, our disability attorneys recognize the difficulties you’re facing. Whether you’re a disabled young adult or your adult child has a significant impairment, it makes sense to worry about the future. Fortunately, there are support options available — and in many cases, this support was earned over years of employment. Contact our law firm to learn more about Disabled Adult Child benefits in Florida.

Schedule your free consultation today. We’ll review your case and help you understand your options.

Who Is Eligible for DAC Benefits?

Most benefits provided by the Social Security Administration are based on work credits and disability. However, this typically is only the case for Social Security Disability Insurance (SSDI). There are actually additional eligibility requirements for young adults who can’t work due to a severe injury or medical condition. You must meet the following conditions to qualify for Disabled Adult Child benefits in Florida:

• Potential benefits recipient must be at least 18
• A disability must have begun before the individual turned 22 years old
• Individuals who are married will not qualify in most cases
• Adult child must have a parent receiving SSA benefits or have been eligible for benefits before dying

This list might seem straightforward and to the point. However, it doesn’t fully describe everything you need to know. For instance, the Social Security Administration has a specific definition of “disability.” This is a medically determinable physical or mental impairment that will prevent an individual from undertaking substantial gainful activity (SGA) for at least a year. A person is also considered disabled if their impairment will result in death.

Clearly, the SSA could define “disability” much differently than the average person. This is why it never hurts to have a legal professional on your side when seeking Disabled Adult Child benefits in Florida. Contact our law firm today.

How Are Benefits Available With No Work History?

When someone applies for SSDI benefits, they typically have to meet certain work requirements. If a person doesn’t have enough work credits, they will have to find alternative support options. However, this isn’t the case for those seeking Disabled Adult Child benefits in Florida. That’s because the benefits provided to DACs come from the Social Security earnings record of their parents. It’s considered a “child’s benefit.”

The payment provided to the adult child is calculated similarly to how SSDI benefits are calculated. As a dependent’s benefit, payments to the DAC may affect the amount of support that other family members can receive on the same parent’s earnings record. However, the important thing to remember is that Disabled Adult Child benefits in Florida are not based on the adult child’s work record — which could potentially be non-existent.

If this all sounds complicated, that’s because it is. Fortunately, you don’t have to go through this alone. Contact our Florida disability attorneys today for a free consultation.

What if You’re Denied Disabled Adult Child Benefits in Florida?

It’s an unfortunate fact, but a large portion of disability applications are initially rejected by the Social Security Administration. When this happens, it’s important that you don’t just give up. Many people are able to secure Disabled Adult Child benefits in Florida through the appeals process. In fact, there are several appeals options available to DACs:

• Request a reconsideration: You have 60 days to submit a request for reconsideration following receipt of your denial notice. A different representative from the SSA will review your case along with additional evidence you provide.
• Administrative Law Judge (ALJ) hearing: If your request for reconsideration is denied, you can request a hearing in front of an Administrative Law Judge. Your request must be received within 60 days of your reconsideration denial notice being received.
• Appeals Council review: If the ALJ doesn’t approve your benefits, you can request a review by the Social Security Administration Appeals Council. You must file for review within 60 days of receiving the Administrative Law Judge’s decision.
• Federal court review: If the Appeals Council refuses to hear your case — or if they don’t overturn the benefits denial — you have 60 days to file a lawsuit in federal court.

If you’re denied Disabled Adult Child benefits in Florida, you have many options to appeal. In most cases, having a skilled legal professional on your side can prove invaluable. They can identify the reason your application was denied, help you understand whether the issue can be corrected, and file the appropriate documents to get the ball rolling.

However, it may also be the case that you don’t actually qualify. In these instances, it’s important to understand that you may be eligible for other disability benefits. Contact our law firm today for a free case review. We’ll help you identify your options.

Contact a Florida Disability Attorney Today

Suffering a disability at a young age is a tragic situation. While most people aren’t excited about entering the workforce, being unable to because of an impairment is always distressing. While this might have been a life sentence of economic troubles in the past, the Social Security Administration has mechanisms in place to safeguard disabled young adults. A legal professional can help you through the process.

At The Law Office of Nancy L. Cavey, we’ve seen our family members deal with the difficulties of securing disability benefits. That’s why our law firm focuses primarily on securing such benefits for those who need them the most. If you’re a young adult unable to work — or if you’re a parent with an adult child who cannot work — help may be available. Our law firm can assist in securing Disabled Adult Child benefits in Florida.

Contact us at (727) 477-3263 to schedule your free consultation.