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Recent Questions

SSDRC Disability Blog

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.








Return to:  Social Security Disability Resource Center, or read answers to Questions








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



Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | 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 | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


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