Can a Person Who Has Never Worked Receive Disabled Adult Child Benefits?

 Posted on October 13, 2020 in Social Security Disability

In many cases, the Social Security disability benefits a person can receive are based on their work history and the income they have earned in the past. However, there are some cases where children may receive disability benefits, and they may be eligible to continue receiving disability after reaching the age of 18, depending on whether their disabilities affect their ability to work.

Magistrate Reverses ALJ’s Denial of Disabled Adult Child Benefits

A recent U.S. District Court case in Illinois illustrates some of the issues that may be involved in cases involving Disabled Adult Child (DAC) benefits. In Alexandra A. S. v. Commissioner of Social Security, a woman had applied for benefits, and she alleged that symptoms she had experienced since her 18th birthday, including depression, bipolar disorder, social anxiety, irritable bowel syndrome, fibromyalgia, and lack of focus, made it impossible for her to work.

The administrative law judge (ALJ) who heard the plaintiff’s case found that while she had severe impairments due to personality disorders, anxiety, and substance abuse, she had the residual functional capacity (RFC) to perform simple, routine tasks in a work environment that is not fast-paced, does not involve any interactions with the public, and has only brief, superficial contact with co-workers. For these reasons, the ALJ denied the plaintiff disability benefits. The plaintiff appealed this decision.

When reviewing the case, the magistrate found that the ALJ improperly based their decision on the plaintiff’s credibility and the reliability of her statements without giving proper reasons for rejecting these statements. Specifically, the ALJ stated that because the plaintiff had briefly worked in a part-time position, attempted to operate a home-based business, and helped family members with household chores, these facts were inconsistent with her claims that she could not work full-time. However, the magistrate stated that part-time work for a short period and work inside the home are not inconsistent with disability. Because the ALJ’s decision was not based on substantial evidence that the plaintiff was not disabled, this decision was reversed, and the case was remanded to the Commissioner of Social Security for a rehearing.

Contact Our Illinois Disabled Adult Child Benefits Attorney

Meeting the requirements to receive Social Security benefits can be difficult and confusing for a disabled child who reaches adulthood. At Pearson Disability Law, LLC, we can assist you in applying for DAC benefits, and we can also help you appeal a Social Security disability denial. Contact our Chicago Social Security disability lawyer today by calling 312-999-0999 to arrange a free, personalized consultation.

Source:

https://scholar.google.com/scholar_case?case=836350856439314980