Social Security disability review never happened for disabled adult child - appeal rejected without medical updates
I need help navigating SSDI for my daughter (24) who has severe disabilities. Her benefits as a child auxiliary on her father's record stopped when she turned 18, but we never received the review for Disabled Adult Child benefits that should have happened then. Now we're in a mess. We recently filed for benefits and just got denied on the initial appeal, but I noticed they didn't even consider the updated medical documentation we submitted! We called their office twice to tell them about new diagnoses and test results, but the denial letter doesn't mention any of it. The strangest part is we just submitted paperwork on November 1 (the deadline) and somehow got a decision letter today? That seems impossibly fast. I'm calling SSA tomorrow but would really appreciate advice from anyone who's been through this. Should we appeal again without an attorney? How do we get them to properly review her for DAC benefits? The whole system feels broken and my daughter really needs these benefits.
18 comments
Kara Yoshida
The same thing happened with my son!!! When he turned 18 his benefits stopped and no one told us about the disabled adult child review process. We had to start completely over with a new application. The system is TERRIBLE about explaining transitions between child and adult disability. From what I understand, they should have automatically evaluated her for DAC benefits when she turned 18 if she was already receiving dependent benefits.
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Mateusius Townsend
•That's exactly what I thought! Nobody explained we needed to do anything special when she turned 18. Did you eventually get benefits for your son? How many appeals did it take?
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Philip Cowan
You should absolutely file another appeal, but I strongly recommend getting an attorney this time. The second appeal level (reconsideration) often has a high denial rate, but the hearing level with an Administrative Law Judge is where many cases succeed. Attorney fees for Social Security disability cases are regulated - they only get paid if you win, and it's capped at 25% of backpay or $7,000, whichever is less. Look for an attorney who specializes in SSDI/SSI cases, particularly someone with experience in Disabled Adult Child benefit cases, as these have specific requirements like proving the disability began before age 22.
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Caesar Grant
•Yes get a laywer! My niece got denied twice, then we got a disability attorney and she won at the hearing. The lawyer knew exactly what medical records to focus on and how to present her case. Worth every penny and like they said they only take money if you win.
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Lena Schultz
The speed of that decision is definitely suspicious. It normally takes SSA weeks or months to process anything. This suggests they might not have actually reviewed the new medical evidence you submitted on the deadline date. As for the Disabled Adult Child benefits (technically called Childhood Disability Benefits), there's a specific process for that. Your daughter would need to have been disabled before age 22, and meet the adult disability criteria. The fact that she was receiving benefits on her father's record as a minor dependent doesn't automatically qualify her - there should have been a separate determination when she aged out of child benefits. I would specifically request that determination now.
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Mateusius Townsend
•Thank you - that's really helpful info. She definitely was disabled before 22 (since birth actually), but we never knew we needed a separate determination. Is there a specific form or process to request that DAC determination now, or do we just mention it in the appeal?
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Gemma Andrews
For your immediate concerns: 1) Yes, absolutely file the next appeal within 60 days of receiving the denial. 2) In the appeal, specifically highlight that they failed to consider the medical evidence you submitted by the deadline. 3) The quick turnaround suggests they may have had the decision nearly finalized before receiving your latest submissions. Regarding the Disabled Adult Child benefits - you need to specifically request this review. When you call SSA tomorrow, tell them you want to file for "Child Disability Benefits (CDB)" on her father's record, and explain that this review never happened when she aged out of child benefits. This is different from a regular SSDI application. They should be able to initiate this process retroactively.
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Mateusius Townsend
•Thank you! I'll definitely mention Child Disability Benefits specifically when I call. I was just calling it SSDI but I see now that's not the right term for her situation. Really appreciate the clear explanation!
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Pedro Sawyer
Are u sure u filled everything out right the first time? Cuz SS is really picky about all the forms and if you missed something they just deny you automatically. My cousin had to apply 3 times before he got approved and he's completely disabled can't even walk.
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Mateusius Townsend
•I'm pretty sure we filled everything out correctly, but I guess it's possible we missed something. The whole process is so confusing! Did your cousin use an attorney for his third application?
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Caesar Grant
I spent 8 months trying to reach someone at Social Security about my disabled daughter's case and kept getting disconnected or waiting for hours. Finally found this service called Claimyr that got me through to a real person at SSA in less than 10 minutes! They basically call SSA for you and then connect you when they get an agent. Saved me hours of frustration. Check out their demo video: https://youtu.be/Z-BRbJw3puU - their website is claimyr.com if you want to save yourself the headache tomorrow.
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Mateusius Townsend
•Thank you! I was already dreading the phone call tomorrow. I've been hung up on twice before when trying to call about her case. I'll definitely check this out.
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Philip Cowan
One more important point about your daughter's case: for Disabled Adult Child benefits (DAC/CDB), she needs to meet the disability criteria AND be unmarried. If she got married at any point, even briefly, she might be disqualified unless the marriage was to another DAC beneficiary. Make sure to address this explicitly in your appeal.
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Mateusius Townsend
•She's never been married, so at least that's one thing we don't have to worry about! Her disabilities are severe enough that she's always lived with us and requires full-time care.
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Mae Bennett
They ALWAYS deny everything the first time, don't get discouraged!!! My brother has Down syndrome and we had to appeal twice before they approved him. The system is designed to wear people down so they give up. Keep fighting!
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Pedro Sawyer
•This is sooo true they denied me 3 times even with obvious problems just cuz they hope people give up!!
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Lena Schultz
When you file the appeal, be sure to request a complete copy of your daughter's claim file through a Freedom of Information Act (FOIA) request. This will show you exactly what medical evidence they considered and what they overlooked. You might be surprised at what's missing from their files despite what you've submitted. Also, since your daughter was 18 when benefits on her father's record stopped, you should ask specifically about filing for both DAC benefits (on her father's record) AND SSI for the interim period if there's a gap in coverage.
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Mateusius Townsend
•I didn't know about the FOIA request - that's really helpful! I'll definitely do that to see what they're actually looking at. And yes, there's been a significant gap since she turned 18 (she's 24 now), so I'll ask about SSI for that period too.
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