< Back to Social Security Administration

Social Security rejected my disabled daughter's CDB benefits claiming disability started after 22 - but she's had SSI since age 18

I'm at my wit's end with the Social Security Administration! My daughter (now 29) has been disabled since birth with severe autism and has received SSI since she was 18. I recently retired and applied for my retirement benefits, so I also applied for Childhood Disability Benefits (previously called DAC) for my daughter. Yesterday I got a denial letter saying she "doesn't qualify because she wasn't disabled before age 22" - which is absolutely FALSE. She's been on SSI for 11 years already! We have extensive medical documentation from psychiatrists dating back to when she was 7 years old, including three hospitalizations before she turned 22. Her SSI award letter clearly states her disability onset date as 6/2013 when she was 18. It seems like they didn't even look at the medical records we submitted with the application. Has anyone dealt with this kind of error before? Should I file a reconsideration, call the national number, or try to schedule an in-person appointment at our local office? I'm terrified this will drag on for months while she could be receiving higher benefits on my record.

Seraphina Delan

•

This is definitely worth fighting. If your daughter was determined disabled by SSA for SSI before age 22, she should qualify for CDB (Child's Disability Benefits) on your record. The fact that she's been receiving SSI since age 18 means SSA already determined she was disabled before 22. You need to file for reconsideration immediately and specifically reference her SSI award letter with the onset date. Include copies of her past medical records again. Sometimes different parts of SSA don't communicate well with each other, so the retirement side might not have accessed her SSI disability determination. An in-person appointment could help too.

0 coins

Niko Ramsey

•

Thank you for confirming I'm not crazy! I'll file the reconsideration ASAP. Should I also try to get a copy of her actual disability determination from when she first got SSI? I'm worried they'll just deny us again without looking at the evidence.

0 coins

Jabari-Jo

•

my son went through similar bs!! they claimed he wasnt disabled before 22 even tho he was in special ed his ENTIRE LIFE and got SSI at 19. we had to appeal TWICE before someone actually looked at his records. dont give up!!!

0 coins

Niko Ramsey

•

That's so frustrating but gives me hope! How long did the appeals process take for you? Did you use a lawyer?

0 coins

Jabari-Jo

•

took almost 9 months total but we won eventually. no lawyer just kept sending ALL his records over and over til someone read them lol

0 coins

Kristin Frank

•

You definitely need to file a reconsideration and be very specific about the evidence. Make sure to highlight these key points: 1. Your daughter has an established onset date of disability at age 18 per her SSI approval 2. SSA has already made a disability determination through the SSI program 3. She meets the requirement of being disabled before age 22 One thing to note - for CDB benefits, your daughter must also not be married and must meet the Social Security definition of disability. The disability requirement should already be satisfied through her SSI approval, but sometimes the systems don't communicate properly between departments. I'd recommend scheduling an in-person appointment at your local office and bringing all documentation with you, including her original SSI award letter showing the onset date.

0 coins

Niko Ramsey

•

Thank you for the detailed advice. She's never been married, so that's not an issue. I'll definitely highlight those three key points in the reconsideration. I'm hoping an in-person appointment will help sort this out faster.

0 coins

Micah Trail

•

I went through this EXACT situation with my son last year. The problem is that sometimes the Retirement and Survivors department doesn't properly check with the Disability department when making these determinations. What worked for me was calling the national number and specifically requesting that they look up my son's disability onset date in the system. The rep confirmed it was in there from his SSI application (showing disabled before 22) and made notes in the system. I then had to file a reconsideration, and it was approved within a few weeks once the correct information was accessed. Try calling 1-800-772-1213, but be prepared to wait on hold for hours. I'd also suggest bringing all documentation to your local office in person.

0 coins

Niko Ramsey

•

It's both frustrating and reassuring to hear I'm not alone in this! I'll definitely try the national number, but those wait times are brutal. Last time I called I waited 3.5 hours before getting disconnected.

0 coins

Nia Watson

•

If you're struggling to get through to someone at Social Security, try using Claimyr.com - it helped me skip those awful wait times completely. They call SSA for you and connect you when an agent answers. I used their service last month when dealing with my husband's SSDI application and they got me through in about 20 minutes instead of waiting for hours. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU - honestly it's worth it for something this important where you need to talk to a live person.

0 coins

this happens all the time with SSA!!! your gonna have to FIGHT THE SYSTEM my friend. they denied my brothers DAC claim 3 times even tho he has been on SSI since he was 12!!!! its like the left hand dont know what the right hand is doing there. keep pushing and documenting EVERYTHING

0 coins

While it can certainly feel frustrating, it's important to note that CDB/DAC claims do require a separate disability determination, even if the person has been on SSI previously. This is because the SSI and SSDI programs technically have separate funding sources and regulations, although they share the same disability criteria. The problem often occurs in the evidence transfer between departments. Another thing to consider is that SSI redeterminations at age 18 sometimes use different criteria than childhood SSI, which might be causing confusion in some cases. However, if the original poster's daughter was determined disabled for SSI at age 18, this should be straightforward proof for her CDB claim.

0 coins

Seraphina Delan

•

One more important thing to note - when you file your reconsideration, make sure to specifically request that they pull your daughter's electronic disability folder from the SSI determination. This contains all the medical evidence that was already used to find her disabled for SSI purposes. Also, request a copy of her official SSI disability determination (not just the award letter) if you don't already have it. This will have the specific findings about her limitations and medical conditions that were used to approve her SSI.

0 coins

Niko Ramsey

•

That's extremely helpful advice. I didn't know I could specifically ask them to pull her electronic folder. Would I put that request directly on the reconsideration form, or should I attach a separate letter explaining everything in detail?

0 coins

Seraphina Delan

•

Both! Put it directly on the form in the section where you explain why you disagree with the decision, and also attach a detailed letter. I'd phrase it something like: "I request that SSA access my daughter's electronic disability folder from her SSI application and determination in 2013, which contains medical evidence proving disability prior to age 22." Then in your attached letter, go into more detail and include copies of whatever documentation you already have. The more specific you are, the better.

0 coins

Marcus Marsh

•

my cousins kid got denied too and she had to go to her congress person to get it fixed! sometimes thats faster than dealing with ssa directly

0 coins

Jabari-Jo

•

thats actually good advice i contacted my senators office for my sons case too and they helped speed things up!!!

0 coins

I'd like to clarify something important: for Child's Disability Benefits (CDB, formerly called DAC), there are three main requirements: 1. The child must be unmarried 2. The child must be disabled according to SSA's definition before age 22 3. The parent must be receiving Social Security retirement or disability benefits, or be deceased In your case, since your daughter has been receiving SSI since age 18 and has an established onset date before age 22, you should focus your reconsideration on this fact. Request a copy of the "Disability Determination Explanation" from her SSI case if possible - this is different from just the award letter and contains the medical basis for her disability finding. Also, be aware that if she gets approved for CDB, her monthly benefit amount will likely be higher than SSI, and she may lose SSI eligibility due to the higher income (which is actually a good thing overall). However, she would maintain her Medicaid eligibility through special provisions for people who lose SSI due to receiving CDB benefits. Finally, CDB benefits can include back pay to the date of your retirement, so this is worth pursuing even if it takes some time.

0 coins

Niko Ramsey

•

Thank you for this detailed explanation. Yes, we're aware she'd lose SSI with the higher CDB benefit, which is exactly what we want since the benefit would be substantially higher. I didn't know about requesting the "Disability Determination Explanation" - that's really helpful information!

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,908 users helped today