May 2026: 

The MLO Minute: “Don’t Wait: Why Applying for SSI at Age 18 Could Change Your Child’s Future” 

By Lesley Mehalick, J.D., LL.M., Supervising Partner of the Estates and Trusts Department —

For parents of children with disabilities, the transition to adulthood brings a critical window of opportunity, one that is easy to miss and difficult to recover. Applying for Supplemental Security Income (SSI) through the Social Security Administration (SSA) once your child turns 18 is one of the most important steps you can take to protect their future, even if the process feels overwhelming.

 

Many families are discouraged by the SSI application process. It can be lengthy, paperwork-heavy, and sometimes result in an initial denial. But persistence pays off. SSI provides monthly income to individuals with disabilities who have limited resources, helping to cover basic needs like shelter.  In Pennsylvania, an SSI recipient is automatically enrolled in Medical Assistance, which funds essential healthcare and support services.

 

A major reason (that is not widely known) to go through the SSI application process when your child turns 18 is that establishing SSI eligibility early creates a record with SSA of when that a child has been found disabled under the SSA standards. If that determination is made before age 22, it becomes the gateway to a far more valuable benefit later in life.

 

If a child is determined to be disabled by the SSA under its standards and begins receiving SSI before age 22, they may later qualify for Disabled Adult Child (DAC) benefits under Title II of the Social Security Act.  Specifically, when a parent retires, becomes disabled, or dies, the DAC-eligible child can collect Social Security Disability Insurance (SSDI) based on the parent’s earnings record. This typically results in a significantly higher monthly benefit than SSI. Also, after receiving SSDI for 24 months, the individual becomes eligible for Medicare.  The child would then be dually eligible for both Medicare and Medicaid.

 

There is one complication families must be aware of: the SSDI benefit amount can sometimes exceed the income limits for Medicaid eligibility. This could, in theory, disqualify a person from the very Medicaid benefits upon which they depend.  However, if your child is in the special DAC category, then they will retain their eligibility for Medical Assistance, despite the higher income.  Basically, the rule is that if the only reason a DAC loses SSI eligibility is because their new or increased SSDI benefit pushed them over the Medicaid income limit, Pennsylvania is required to treat them as if they are still receiving SSI for Medicaid purposes. They keep their Medicaid.

 

While disability prior to age 22 can be proven later down the road, the easiest pathway by far to future DAC benefits is to have received SSI prior to age 22.  Also, we would note that if an initial SSI application is denied, then as long as the matter is appealed, the original application date will be preserved as the date of disability once SSI is eventually obtained. If an appeal is not filed, then a new application date, with a new date of disability, would be needed.

 

Applying for SSI when your child turns 18, and your child receiving SSI and Medical Assistance in the adult system, provides a very important safety net in the event something unexpected should happen to you.  Without this safety net, a family crisis can become a bureaucratic nightmare with your child’s new caretaker scrambling to prove disability, establish eligibility, and secure benefits all at once during an already devastating time. Applying early means your child is protected regardless of what life brings.

 

The path to these protections begins with applying for SSI when your child turns 18. Do not let the complexity of the process deter you. We know how much parents have to handle when their child is 18 and entering the adult system for public benefits, but the long-term benefits and a safety net are too important to delay.