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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.
Social Security Disability and SSI Resource Center
The Most Basic questions about Getting Disability Benefits
Social Security Disability SSI and whether or not you can work
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Questions and Answers
More Social Security Disability SSI Questions and Answers
Common Questions about Social Security Disability and SSI
Winning Social Security Disability or SSI Benefits
The SSI Disability Benefits Program
Medical exams for disability claims
Applying for Disability in various states
Social Security Disability SSI and Doctors - Yours and Theirs
Social Security Disability and SSI Claim Reviews
Social Security Disability SSI System and Benefits for Children
Denials, Appeals, and Getting a Disability Lawyer or Representative
What you should know about Social Security Disability and SSI Denials
Questions about Disability Lawyers and Hiring a Disability Attorney
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
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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
About the Author of SSDRC, Tim Moore
For Individuals living in North Carolina
Applying for Disability in North Carolina
North Carolina Disability Lawyer
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
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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