Social Security CIC benefits for disabled adult son after father's death - can payments start before 5-month waiting period?
I'm trying to figure out the mess of SSDI benefits after my father's unexpected passing. Dad applied for SSDI in September 2024 and got approved in December with that standard 5-month waiting period (meaning benefits would start March 2025). His approval letter mentioned contacting SSA about my brother, who's a disabled adult dependent (he has severe autism and has been disabled since childhood). Unfortunately, Dad passed away suddenly in mid-January 2025 before any payments started. Mom had her phone appointment with SSA last week about survivor benefits and asked about Childhood Disability Benefits (what they call CIC) for my brother after seeing it mentioned in an online forum (the SSA rep never brought it up!). When the rep asked Mom about starting benefits in January, she said yes without thinking it through. Now we're wondering: could my brother's disabled adult child benefits on Dad's record actually start EARLIER than January? Maybe from when Dad first applied in September or when he got approved in December? Is there a separate 5-month waiting period for disabled adult children? Or does that only apply to the disabled worker (Dad)? Can we request an earlier start date for my brother's benefits since he's been disabled his entire life? Any advice would be incredibly helpful. This is all so confusing and we're still processing Dad's passing while trying to navigate this bureaucratic maze.
17 comments
Sunny Wang
First, I'm very sorry for your family's loss. This is a complicated situation but I think I can help clarify. The 5-month waiting period only applies to the disabled worker (your father), not to auxiliary beneficiaries like your disabled brother. However, benefits for auxiliaries can't begin before the disabled worker would have been eligible to receive benefits. Since your father passed away before his waiting period ended, your brother would be eligible for Disabled Adult Child benefits (CIC/DAC benefits) as a survivor benefit starting from the month of your father's death (January 2025). I don't believe you can get benefits prior to January because your father hadn't yet completed his waiting period, but your mother should definitely ask SSA specifically about this. The rules can be complex with disabled adult children.
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Everett Tutum
•Thank you so much for explaining this! That makes more sense now about the waiting period only applying to Dad. We'll definitely make sure to clarify this with SSA, but at least now we know January is likely the earliest start date. I really appreciate your help during this difficult time.
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Hugh Intensity
So sorry about ur dad passing. The SSA is SO bad at explaining these things!!! My cousin has a disabled son and went thru something similar. They NEVER tell u everything ur entitled to. DEFINITELY call back and ASK SPECIFICALLY about earlier payments. Sometimes u can get backpay to the application date if the disability existed before application. Don't just accept what they tell u the first time!! Keep asking questions!!!
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Everett Tutum
•Thanks for the encouragement! You're right that they don't volunteer information easily. We'll definitely call back and specifically ask about backdating to the application date. It's frustrating having to figure all this out while grieving.
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Effie Alexander
When my husband passed, I had to make 4 different calls to get straight answers about benefits for our disabled daughter. Keep pushing and document everything! Sometimes different reps tell you different things.
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Everett Tutum
•That's so frustrating you had to call 4 times! I'll start keeping detailed notes of who we talk to and what they say. Thanks for the tip about persistence - it seems crucial in dealing with SSA.
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Melissa Lin
This is a complex situation, but I can offer some clarity: 1. Your brother's benefits as a Disabled Adult Child (DAC/CIC) would typically start the month of your father's death (January 2025) since your father was already approved for SSDI but hadn't completed the 5-month waiting period. 2. There is no separate waiting period for auxiliary beneficiaries like your brother. 3. The earliest possible date would normally be January 2025 (month of death) unless there are unusual circumstances. 4. However, if your father had completed his waiting period before death, you could potentially argue for benefits back to when he first became entitled. I would recommend your mother call back and specifically ask about the earliest possible entitlement date for your brother. Be very specific and ask them to explain WHY January is the earliest possible month if that's what they claim. Also, make sure your brother's application has been properly filed as both a CIC claim during your father's lifetime AND as a surviving disabled adult child claim after his death. These are technically different benefits with different rules.
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Everett Tutum
•Thank you for such a detailed explanation! This is incredibly helpful. I didn't realize there was a distinction between CIC during Dad's lifetime versus surviving disabled adult child after death. We'll definitely call back to verify both applications are properly filed and push for clarity on the earliest possible entitlement date. The "why" question is particularly smart - we need to understand their reasoning.
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Lydia Santiago
Have you tried Claimyr? I was in a similar situation with my disabled sister's benefits after our mom died and kept getting disconnected when calling SSA. Used Claimyr (claimyr.com) and they got me connected to a real person at SSA in under 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Saved me hours of frustration and we got the benefits issue resolved in one call.
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Everett Tutum
•I hadn't heard of this service! We've been struggling with the phone system for weeks, so this could be a lifesaver. I'll check out the video. Did you find the SSA rep you connected with was knowledgeable about disabled adult child benefits specifically?
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Lydia Santiago
•The first rep actually transferred me to a technical expert who specialized in survivor benefits. Just make sure you ask for someone who knows about disabled adult child benefits specifically - don't settle for general answers.
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Romeo Quest
my brother is disabled 2 and we had similar problem. the ssa lady told us one thing then we called back and got different answer!!!! so confusing. we ended up getting benefits from when our dad died but nothing before that even tho he was approved for ssdi before he died.
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Everett Tutum
•It's both comforting and frustrating to hear so many people have had similar experiences. Thanks for sharing what eventually happened with your brother's benefits - sounds like we're likely in the same boat with benefits starting from Dad's death.
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Val Rossi
I believe there's some confusion in the responses you're getting. Let me clarify based on SSA rules: 1. When a wage earner dies during the 5-month waiting period for SSDI, survivors don't have to serve the remainder of that waiting period. Benefits can begin the month of death. 2. For your brother as a Disabled Adult Child (DAC), benefits would typically start with the month of your father's death (January 2025). 3. There's a provision called "Deemed Filing Date" that might help in certain situations. If your father mentioned your brother's disability when he first applied in September 2024, there's a possibility this could be considered a protective filing date for your brother. 4. Request a detailed explanation in writing regarding the earliest possible entitlement date. Ask specifically about any protective filing provisions that might apply. 5. If your brother was receiving SSI, the rules for back payments get even more complex, as SSI payments may need to be repaid if retroactive SSDI is awarded. I recommend requesting a meeting with a Technical Expert at your local SSA office who specializes in disabled adult child benefits, not just speaking with the frontline representatives who may not be familiar with all the nuances.
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Everett Tutum
•Thank you for mentioning the "Deemed Filing Date" - I've never heard of that! Dad definitely mentioned my brother's disability when he applied, so this could be relevant. We'll specifically ask about this and request the meeting with a Technical Expert rather than just talking to whoever answers the phone. And we'll request the explanation in writing too - great suggestion.
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Sunny Wang
One more important thing - if your brother was already receiving SSI (Supplemental Security Income) benefits on his own record, switching to the higher DAC benefits on your father's record will affect his Medicaid eligibility. There's a special provision called "Section 1634(c)" or the "DAC Medicaid protection" you should ask about to ensure he keeps Medicaid coverage even with the higher SSDI payment.
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Everett Tutum
•That's a critical point about Medicaid that I hadn't considered! My brother is on SSI and Medicaid currently, so we definitely need to make sure we don't lose that coverage. I'll specifically ask about the "DAC Medicaid protection" - thank you so much for mentioning this!
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