The Importance of Age in a Social Security Disability Claim

“Adult” or “Child”

-To begin with, an individual under the age of 18 is considered a child for purposes of analyzing the propriety of the disabling impairment and the requisite criteria used to establish eligibility for disability benefits. In this, a “child” has different evaluation criteria under many categories as compared to a claimant over the age of 18, who is considered an “adult.

The “Adult Child”

-An adult disabled before the age of 22 may be eligible for child’s benefits if a parent dies or starts receiving retirement or disability benefits. In this, it is called a “Child’s Benefit” as it is based upon or determined by the amount of earnings of the parent. For these purposes, the “adult child” must be unmarried, age 18 or older, and have a disability that started before the age of 22. The definition of an “adult child” also includes an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild.

Work Credits

-Age can also have an impact on how much an individual is permitted to work while receiving disability benefits. In this, work credits are utilized in the determination of eligibility for disability benefits. There are several factors utilized in calculating the number of work credits necessary for a person to be eligible for Social Security Disability benefits. Some of these factors include the person’s age and the time period in which he or she was engaged in gainful employment activity. Most disability claimants need to earn approximately twenty (20) credits in the last ten (10) years to qualify for benefits. However, older claimants seeking Social Security Disability benefits may need to earn additional credits.

Disability to Retirement

-Social Security Disability benefits automatically turn into retirement benefits when the individual recipient reaches the age of retirement. The current full retirement age is 66 years. It is against the law for an individual to receive disability benefits and retirement benefits from social security at the same time.

A person’s age is important in many aspects of the Social Security Disability claim process.

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Clauson

Clauson Law has focused on representing the injured and disabled for over 10 years. We have handled thousands of cases. Each client is important to us and has a unique situation.