By Melissa Linebaugh , J.D. University of Baltimore School of Law
Updated by Diana Chaikin , Attorney Seattle University School of Law
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If you have a child over 18 years old who is disabled, your child may be eligible for disability benefits through either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). The type of benefit available to "adult children" depends on several factors, such as the age at which they became disabled, their current financial situation, and whether their parents are receiving benefits.
Much like Social Security retirement benefits, SSDI benefits are available to people who have contributed to the program by way of payroll taxes. Eligibility for SSDI therefore depends on your earnings record. But because the Social Security Administration (SSA) knows that young adults often haven't worked long enough to become insured for SSDI benefits, the agency allows some disabled adult children to qualify based on their parents' work history.
So even if your adult child has never worked, they may qualify for SSDI benefits using their parents' work credits, provided that:
In addition to these requirements, you must be able to prove that your child's medical condition keeps them from working full-time for at least a year. To determine whether an adult child can work, the SSA uses the same disability guidelines for an adult who was disabled before the age of 22 as it does for a person who didn't become disabled until later in life.
Typically, if an adult disabled child marries, the SSA will stop sending them SSDI benefits. But if your child gets married to another adult who is receiving Social Security benefits, they may still be able to receive benefits based on your earnings record.
If your child was disabled before the age of 22 and all the other requirements are met, whether or not they worked doesn't affect their SSDI eligibility. But if your disabled adult child worked enough to become insured for SSDI, they could be eligible for benefits on their own earnings record. Keep in mind, however, that your adult child may be able to get a higher benefit amount based on your work history. It's wise to discuss your options with the SSA.
Your child can receive up to 50% of the parent's benefit amount, depending on whether other family members are also getting benefits based on the parent's work record. For example, if you're receiving $1,530 per month in SSDI (the average benefit amount in 2024) and your disabled adult child is the only other family member receiving SSDI on your record, they can expect to receive $765 in monthly payments. Your SSDI benefit won't change if your child starts receiving benefits.
SSI is a needs-based benefit available for disabled people with limited resources. Your adult child may qualify for SSI if they're found to be disabled under Social Security's rules, have income and assets below the eligibility threshold, and can't get SSDI benefits on your work record.
To qualify for SSI, your disabled adult child's countable income can't be more than the federal benefit rate ($943 in 2024). Countable income can be earned, such as wages from a job, or unearned, like cash you receive as a gift. Countable income can also be "in-kind" rather than cash. For example, disabled adult children who live with their parents may have the value of the food or shelter they receive classified as countable income by Social Security.
There are some important sources of money that Social Security doesn't count as income, however. Examples include:
In addition to the above income restriction, the adult disabled child must not have any resources that, in total, exceed $2,000 ($3,000 if they're married). Resources are things like bank accounts, land, and cash on hand. As with income, the SSA doesn't include everything you own as a resource for SSI eligibility purposes. For example, the value of the house your child lives in and their primary mode of transportation aren't counted as assets.
Generally, the most your child can get in SSI payments is the federal benefit rate ($943 in 2024) minus any countable income they've received in that month. Below is an example of how a disabled adult child can calculate the SSI payment amount.
Jill is 35 years old and suffered a stroke that left her severely disabled when she was 21. Jill lives with her parents, who pay for her groceries and any medical bills that aren't covered by insurance. Jill has no other source of income.
Even though Jill isn't getting cash payments from her parents, the SSA considers the value of the food and shelter they give her as "in-kind" income. The agency calculates the value of Jill's in-kind income using a "one-third reduction" rule based on her living situation. This rule means that Jill's federal benefit rate will be reduced by one-third to account for the food and shelter. Because income that goes towards paying medical bills isn't included as income, this means that Jill's federal monthly SSI amount is $629 (the remaining two-thirds of the $943 federal benefit rate).
Several factors can complicate the calculations. For example, many states provide an additional state supplement for people receiving SSI. The exact amount varies from state to state, but they are typically modest amounts. And if your adult child is married and their spouse is working, the SSA may "deem" part of the spouse's income to your child, treating their spouse's income as their own.
SSDI and SSI are the main federal programs providing aid for disabled adult children and their parents, but your state may be able to help you with programs such as caregiver assistance, medical equipment, or health insurance. You can find the name and contact information for your state's social service agency at usa.gov.
What Happens to Special Needs Adults When Their Parents Die?Estate planning is already a difficult topic to discuss with your children without having the additional worry about meeting any special needs they may have. A popular option for parents of disabled adults involves special needs trusts. By creating a special needs trust for your child, you can establish a way to provide for their self-support without jeopardizing their eligibility for disability benefits.
Parents of disabled adults may often find themselves needing to advocate for the rights of their child. For example, the federal Fair Housing Act prohibits landlords from discriminating against tenants on the basis of their disability, while the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities. If you think your child's rights under these acts have been violated, Social Security provides a list of disability protection and advocacy organizations in each state. You can contact your state's agency to get information about legal remedies.
Social Security provides several easy methods to choose from when filing for disability. Adult children who are eligible for SSDI can file online using the SSA's web portal. Those who are eligible for SSI will need to make an appointment with your local Social Security field office to apply. You can find the office closed to you by entering your zip code into the agency's locator tool. Or, you can call the national Social Security hotline at 800-772-1213 from 8 a.m. to 7 p.m., Monday through Friday, and speak with a representative.
You don't need to have a lawyer at any step of the disability process, but due to the technicalities involved in adult disabled child cases, it can be a good idea to speak with a disability attorney. Most disability attorneys offer free consultations, so you can ask around to find a representative with experience dealing with disabled adult child benefits.