May 2025 Newsletter
From The Certified Elder Law Attorney's Desk:
Childhood Disability Fairness Act:
Proposed Legislative Solution for Disabled Adult Children Who Do Not Receive Supplemental Security Income Before Childhood Disability Benefits
By: Catherine B. Read Esquire, CELA*
Social Security Childhood Disability Benefits (formerly called Disabled Adult Child Benefits) provide monthly income to disabled adult children of parents who 1) have sufficient work record and 2) retired, became disabled, or died. The monthly Childhood Disability Benefit is meaningful: 50% of a parent’s full retirement or disability benefits, and up to 75% of the parent’s basic Social Security benefit upon the parent’s death.
Many of our clients either receive Childhood Disability Benefits themselves or have disabled children who do or someday will. The catch is, to receive Medicaid after receiving Childhood Disability Benefits, one must first receive Supplemental Security Income (“SSI”).
This trap for the unwary arises under Section 1634 of the Social Security Act (42 U.S.C. § 1383c(c)), which currently provides an individual must receive SSI...