Do you know what a DAC claim is?

"A Disabled Adult Child (DAC) claim is defined by the Social Security Administration as a benefit program for adults who have a disability that began before they became 22 years old. It is considered a Social Security Disability Insurance (SSDI) claim because the child's benefits are paid according to the parent’s Social Security earnings record.

For a disabled adult to become entitled to this “child” benefit, one of his or her parents:

-       Must be receiving Social Security retirement or disability benefits; or

-       Must have died and have worked long enough under Social Security.

These benefits also are payable to an adult who received dependent's benefits on a parent’s Social Security earnings record prior to age 18, if he or she is disabled at age 18. The disability decision is made using the disability rules for adults.

SSDI disabled adult “child” benefits continue as long as the individual remains disabled."
(Social Security Administration)

However, there are more issues that must be brought to light in order to find out whether or not someone would qualify for Disabled Adult Child benefits.

-          Because a person must prove that they became disabled before the age of 22, medical records and school records that occurred prior to the age of 22 are extremely important to obtain and submit to the Social Security Administration for consideration. Because many medical facilities only keep their records for 7 years, it is crucial to file a DAC claim as soon as possible, so this information is obtained before it is destroyed.

-          If the person has worked and earned enough quarters of coverage to apply for disability under their own earnings, he or she may be disqualified for the receipt of DAC benefits.

-          If a person is married to a non-disabled person, this would also disqualify them from applying for DAC benefits. However, past marriages do not prevent the filing of a DAC claim.

So how does one get started filing a DAC claim? The deceased, disabled or retired parent’s Social Security number must be obtained. If the claimant has trouble obtaining this number on their own, Social Security may be able to help. If one has already filed a claim for SSI, this may serve as a DAC filing until the SSI filing is closed out.

What is the benefit of filing a DAC claim? If the parent is still alive, the DAC claimant will receive 50% of the parent’s Primary Insurance Amount (PIA), subject to the Family Maximum (FMAX). If the parent is deceased, then the DAC claimant would receive 75% of the parent’s PIA, subject to the FMAX. When the FMAX is reached, benefits for the auxiliaries are divided between them.

Another reason why filing a DAC claim is beneficial is because the DAC claimant also qualifies for Medicare after a two year waiting period. For this reason and the aforementioned, exploring the possibility of a DAC claim is something a younger claimant should definitely consider.

More information can be found here http://www.socialsecurity.gov/pubs/10026.html , which was referenced in this blog.

*Special thanks to Attorney Mira Chopra for providing additional valuable information

- written by Anna Westfall and Attorney Andrew November

Happy Holidays from Balin Law!

I hope you all hear the message I’m trying to convey……

And hope it enlightens in a positive way…..

Balin Law & Associates, LLC…….we are a team….we are winners!

We are the best. We’ve been put to the test and have risen above the rest.
We work to the best of our ability…..
to provide some sort of stability…..
to those with a disability.

Times are getting rougher, so we must get tougher……

We serve all walks of life….
Many filled with desperation and strife.

Let’s pull together and work as a team…..
so we don’t all unravel at the seam.
Our goal here is clear…..
to alleviate some fear….
in navigating the inevitable red tape…..
no matter how long and arduous, no matter what shape.

Team work will help us reach our goal…..
to restore some dignity to those that a disability stole….

We are in the business of winning benefits for the disabled…..
anything less, must be tabled.

Never make anyone feel less than they are…..tell them they, too, are a shining star!

Let’s never lose sight of our goal, our mission, our fight……
We all must strive to do what is right….

Let’s give help and hope to those in need…..
It never hurts to do a good deed….

NO matter what creed, sex, or race……
“We do whatever it takes to win your case!”

Balin Law & Associates, LLC…….we are a team….we are winners!

-Written by Heather Woitella, Case Manager and Assistant to Paulette F. Balin

ODAR's New Policy Regarding ALJ's and How it Affects You

It has recently been brought to our office’s attention that as of December 19, 2011, the Office of Disability Adjudication & Review (ODAR) is no longer disclosing the name of the Administrative Law Judge (ALJ) when a disability hearing is scheduled. Instead, the identity of the ALJ will not be revealed until the actual hearing takes place. ODAR officials believe this will thwart any effort representatives may make to avoid particular ALJs. This can create a serious problem for representatives and claimants. Why? There are a few issues this new policy raises that concern us:

-          Because some ALJs require a specific presentation and possibly a brief provided by the representative prior to the hearing, the representative will not be able to properly prepare himself/herself ahead of time to make the best possible presentation to the ALJ.

-          If there is a specific issue that needs to be addressed by the ALJ prior to the hearing, the representative does not know who to contact to make sure the issue is brought to attention quickly and efficiently.

-          Code § 404.940 of Federal Regulations states that if an ALJ is “prejudiced or partial with respect to any party or has interest in the matter pending for decision,” we must contact ODAR as soon as possible to have another ALJ assigned. Under the new policy, the representative and his/her client will not be able to prepare a basis until walking into the hearing office.

-          Some ALJs like to take more time than others during a hearing. Knowing this information ahead of time helps representatives plan their schedules accordingly so they know how many hearings they can handle per day. Not knowing the ALJ’s usual timeframe could throw a wrench into the schedule of a representative, who may be representing multiple claimants in front of multiple ALJs on any given day.

Fortunately, for claimants and representatives everywhere, Paulette F. Balin & Associates, LLC will be joining the National Organization of Social Security Claimants' Representatives protest of this new policy to Glenn Sklar, the Deputy Commissioner of ODAR. Be sure to check out http://www.nosscr.org/within the next few weeks to view our letter to the Commissioner.

We are hopeful that our letter will be persuasive enough to overturn this unfair policy. As we always have and always will: “We do whatever it takes to win your case!”

- written by Anna Westfall and Attorney Andrew November