June 2025 Newsletter

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From The Certified Elder Law Attorney's Desk:

Fairness for Disabled Young Adults Act:

A Bill to Increase Age Threshold for Childhood Disability Benefits from 22 to 26

By: Catherine B. Read Esquire, CELA*

Under current law, a person who is determined disabled by the Social Security Administration becomes eligible to receive Social Security benefits on the basis of disability on his or her parent’s work record if, in addition to other requirements, the person’s “disability” (as defined by the Social Security Act) commenced before the person reached age 22.

The Social Security Administration determination of disability can occur after reaching 22, but the disability must have been found to have commenced before the age of 22.

This pre-age 22 disability requirement is challenging for many to satisfy. Medical records for a pre-age 22 disability can be lacking due to not seeking medical attention before age 22, a common problem when a person’s disability is slow to emerge or be diagnosed. Others have injuries that occur, or a disease...

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