Can my disabled adult son get Social Security DAC benefits from my husband's record as a stepparent?
My son (34) has been receiving SSI since he was diagnosed with a developmental disability at age 16. He lives with us and we've been his primary caregivers. My husband (his stepfather) is planning to file for Social Security retirement benefits next month. We've been married for 12 years, and my husband has been in my son's life since he was 20. I'm wondering if my son could qualify for Disabled Adult Child (DAC) benefits on my husband's record? The extra benefits would make a huge difference for his care. I've heard about DAC benefits for biological children, but not sure if stepchildren qualify. I'm 61 and planning to wait until at least 67 to claim my own benefits. Any insights from those who've navigated this situation would be so helpful!
17 comments
Amina Bah
For your son to qualify for DAC benefits on a stepparent's record, several requirements must be met:1. Your son must have become disabled before age 222. The stepparent-child relationship must have existed for at least one year before the stepparent filed for benefits3. Your son must be unmarried4. Your son must be financially dependent on the stepparentSince you've been married for 12 years and your son became disabled at 16, the first two criteria seem met. The dependency requirement is key here - the SSA will want to see that your husband provided at least half of your son's support. Document this carefully when applying.
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Paolo Marino
Thank you so much for this detailed response! Yes, my son is unmarried and has been living with us where my husband provides most of his support beyond his SSI. Do you know if my son would lose his SSI if he qualified for DAC? And would there be any impact on his Medicaid coverage? Those are big concerns for us.
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Oliver Becker
My stepson tried to get on my SS and SSA said no way, they said it had to be bio father or adopted! This was 2 yrs ago and was a huge dissapointment for us. Maybe rules changed?
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Amina Bah
The rules haven't changed, but there are specific circumstances where stepchildren can qualify. Your situation might have been different - for example, if your stepson became disabled after 22, if the marriage hadn't lasted long enough, or if the dependency requirements weren't met. Each case is evaluated individually.
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Natasha Petrova
I went through something similar with my daughter last year. The key thing that tripped us up was proving the dependency relationship. SSA wanted to see that my husband (her stepdad) provided at least 50% of her support. We had to gather a TON of documentation - bank statements, household expense records, proof he was paying for her medical expenses not covered by Medicaid, etc. They didn't make it easy, but we eventually got approved.And yes, her SSI was reduced dollar-for-dollar by the DAC amount, but since the DAC was higher, it was worth it. The best part was keeping Medicaid eligibility even with the higher benefit amount!
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Paolo Marino
That's so helpful to hear about your experience! Did you have to submit a special form for the dependency documentation or just gather all the financial records? I'm worried about the process getting complicated and my son losing benefits during the transition.
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Javier Hernandez
my cousin got this for her kid but only after she adopted him legally. then they counted him as regular child not step anymore
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Emma Davis
To add some important information here: If your son qualifies for DAC benefits on your husband's record, those benefits would likely be higher than his current SSI. While the SSI would be reduced or eliminated, this would actually be beneficial for a few reasons:1. DAC benefits are typically higher than SSI2. DAC benefits don't have the strict resource limits of SSI3. Most importantly, if he transitions from SSI to DAC benefits, he can keep his Medicaid in most states under special protected status, even though his income increasesHowever, there is an important timing issue here. If your husband adopts your son before filing for Social Security, the case would be much stronger. Otherwise, you'll need solid documentation of the dependency relationship.I'd recommend scheduling an appointment with SSA specifically to discuss DAC benefits rather than trying to handle this over the phone or through the general appointment system.
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Paolo Marino
Thank you for this thorough explanation. We hadn't considered adoption since my son is an adult, but that's something to think about. Does the adoption need to happen before my husband files for benefits? Is there a waiting period after adoption?
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LunarLegend
I've been trying to reach the Social Security office for WEEKS about a similar issue with my stepson's disability benefits. Constant busy signals, disconnections, or 3+ hour hold times that end in being hung up on. I finally tried Claimyr (claimyr.com) after seeing it recommended here, and they got me connected to a real SSA agent in under 30 minutes. Saved me so much frustration! They have a demo video showing how it works: https://youtu.be/Z-BRbJw3puUFor complex situations like yours involving DAC benefits for stepchildren, you really need to speak with someone who knows the specifics. General information online isn't always accurate for unique situations.
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Oliver Becker
does it realy work? im so tired of calling and calling for HOURS just to get hung up on!!!
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LunarLegend
Yes, it actually works! I was super skeptical but after spending literally days trying to get through myself, I was connected in about 20 minutes. So much better than the constant busy signals and disconnections I was getting before.
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Malik Jackson
This won't work! SSA doesn't recognize stepchildren for DAC unless legally adopted. My sister-in-law tried for YEARS to get this for her husband's stepdaughter. Complete waste of time.
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Amina Bah
This isn't entirely accurate. The Social Security Administration does recognize stepchildren for benefits in certain circumstances without legal adoption. The Program Operations Manual System (POMS) specifically addresses this in section GN 00306.230. However, the requirements are strict and must be well-documented.
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Javier Hernandez
will getting DAC make him lose medicaid??? thats the most important thing my daughter would lose everything if she lost medical coverage
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Emma Davis
Great question! When someone transitions from SSI to DAC benefits, they typically qualify for what's called
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Paolo Marino
Thank you all for the helpful responses! I've learned so much. I'm going to try to get through to SSA to discuss our specific situation, and also look into what documentation we'll need to prove dependency. I think we have a good case since my husband has been providing most of my son's support for years. Will also discuss the adoption possibility with our family attorney. Really appreciate everyone sharing their experiences!
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