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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.








  • What medical conditions will get you approved for disability?

  • What kind of Mental Problems Qualify for Disability?

  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved







  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center



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    The SSI Disability Benefits Program

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    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

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    Frequently asked questions about getting Denied for Disability Benefits

    FAQ on Disability Claim Representation

    Disability hearings before Judges

    Selecting and hiring Disability Lawyers




    Various Types of Benefits including SSI, Mental, and Child benefits

    Social Security and SSI based on Mental Disability

    Social Security Disability or SSI Benefits for Children

    Disability Benefits through Social Security




    Filing for Social Security Disability or SSI Benefits

    Social Security Disability SSI: Medical Evidence and Records

    Filing your claim for disability benefits

    Eligibility for receiving disability benefits

    Info about Social Security Disability Approvals and Being Approved

    FAQ on Social Security Disability SSI decisions

    The SSD SSI Decision Process and what gets taken into consideration




    Resources on this site

    Social Security Disability, SSI Terms and Definitions

    Previously answered questions regarding SSD and SSI






    For Individuals living in North Carolina

    Applying for Disability in North Carolina

    North Carolina Disability Lawyer




    Related pages:

    How Important is the Treating Physician to a Social Security Disability or SSI case?
    Should you get a Statement from a Personal Physician for your SSD or SSI Disability Case?
    Tips for Filing for disability
    How to file for disability



    These pages provide answers to basic questions about pursuing disability benefits

    How do I check the status of my Social Security disability claim?
    Can you get temporary Social Security disability or SSI benefits?
    How do you Win Benefits under Social Security Disability or SSI?
    Can I Be Eligible For SSI And Social Security Disability At The Same Time?
    How long does it take to be approved for SSI or Social Security disability?
    The Difference Between Social Security Disability (SSD) and SSI How are they different Part II