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How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

Can I file a disability claim for my adult child who lacks mental capacity?



 
My daughter turns 18 soon and has down syndrome. She can't file for her own disability benefits because doesn't have the mental capacity. How do I file for her?



You can file for your daughter by making an appointment at your local Social Security office. I would suggest that you have a letter from your daughter's treating physician that states she is not capable of handing her own affairs due to the Down Syndrome. Social Security has to determine if a person is capable or not, so a letter substantiating that she is unable to do her own claim or handle her affairs would help Social Security to make that determination.

The first step is to file for disability. I doubt she will have any problems being approved for disability. I hope things go smoothly.

Note: Although there is an online process, it's usually a better idea to contact your local office and arrange for a face-to-face interview, or at least one conducted over the phone so you can interact with an SSA claims rep. The online process does not give you the opportunity to ask questions and this may be somewhat disadvantageous even though SSA pushes the online process to save money on manpower.








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For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.