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"DAC" status, from diagnoses dating before age 22--advice on how to proceed

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promicarus

Junior Member
What is the name of your state (only U.S. law)? Texas

I have at this point decided upon a different tack, namely a determination based upon "DAC"--the following description lifted from a previous post:

"An adult disabled before age 22 may be eligible for child's benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a "child's" benefit because it is paid on a parent's Social Security earnings record.

The "adult child"—including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild—must be unmarried, age 18 or older, and have a disability that started before age 22.

http://www.ssa.gov/dibplan/dqualify10.htm#age22"

As my psychiatric symptoms/condition first began to be addressed at age 19, and there was a general consensus among my private psychiatrists that my condition was severe--enough so to warrant prescription of antipsychotic medications, for example, I have elected to base my claim upon these early findings, so as to qualify under the above described terms.

My question at this point is how to proceed with my application, namely, should I access records/testimony from these psychiatrists responsible for these diagnoses, and provide such as part of my application at this point, or should these materials be reserved for appeal?

Also, does the amount of "back-pay" extend this far back, to these original, early determinations and treatment, dating back some 20 years ago, and would I receive a lump sum "retroactive" payment commensurate with having been determined to have been disabled for 20 years? Incidentally, my further circumstances are also consistent with the additional requirements stipulated within the clause, as my father is deceased.

Any advice as to how to proceed in approaching these "early diagnosers" would be greatly appreciated. I have located their offices, and they remain in practice. I'm unsure of the protocol of contacting a physician with whom I have had no contact for such a period, with such a request. And what exactly should I request?


To complicate matters further, I have developed a set of neurological symptoms similar to ocular myasthenia gravis, but have been tested for M.G. antibodies, only to receive a negative finding. The symptoms involve facial muscle spasms--the left side almost exclusively, lassitude of the eyelids to the point that eye-contact is almost impossible, and unresponsiveness in my left eye-lid severe enough to require that I wear a patch over that eye.
In order to fund the expensive full neurological workup, involving CAT,PET, scans, etc., necessary to begin to address my condition, medicaid or medicare is essential.

Would a physician's testimony regarding these symptoms be additionally helpful in a rapid determination of disability, due to their obvious, "physical" nature--and should they be included as a factor in my application...or would that interfere with my attempt to obtain "DAC" status based upon my pre-age 22 diagnoses?

Obviously my case is not straightforward or one prone to easy evaluation and standard solutions, and I appreciate all those who have taken the time and shown their compassion in offering up detailed and considered, specific and informed advice so far. I have made it this far. I'm not giving up.
 


Onderzoek

Member
What is the name of your state (only U.S. law)? Texas

I have at this point decided upon a different tack, namely a determination based upon "DAC"--the following description lifted from a previous post:

"An adult disabled before age 22 may be eligible for child's benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a "child's" benefit because it is paid on a parent's Social Security earnings record.

The "adult child"—including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild—must be unmarried, age 18 or older, and have a disability that started before age 22.

http://www.ssa.gov/dibplan/dqualify10.htm#age22"

As my psychiatric symptoms/condition first began to be addressed at age 19, and there was a general consensus among my private psychiatrists that my condition was severe--enough so to warrant prescription of antipsychotic medications, for example, I have elected to base my claim upon these early findings, so as to qualify under the above described terms.

My question at this point is how to proceed with my application, namely, should I access records/testimony from these psychiatrists responsible for these diagnoses, and provide such as part of my application at this point, or should these materials be reserved for appeal?

Also, does the amount of "back-pay" extend this far back, to these original, early determinations and treatment, dating back some 20 years ago, and would I receive a lump sum "retroactive" payment commensurate with having been determined to have been disabled for 20 years? Incidentally, my further circumstances are also consistent with the additional requirements stipulated within the clause, as my father is deceased.

Any advice as to how to proceed in approaching these "early diagnosers" would be greatly appreciated. I have located their offices, and they remain in practice. I'm unsure of the protocol of contacting a physician with whom I have had no contact for such a period, with such a request. And what exactly should I request?


To complicate matters further, I have developed a set of neurological symptoms similar to ocular myasthenia gravis, but have been tested for M.G. antibodies, only to receive a negative finding. The symptoms involve facial muscle spasms--the left side almost exclusively, lassitude of the eyelids to the point that eye-contact is almost impossible, and unresponsiveness in my left eye-lid severe enough to require that I wear a patch over that eye.
In order to fund the expensive full neurological workup, involving CAT,PET, scans, etc., necessary to begin to address my condition, medicaid or medicare is essential.

Would a physician's testimony regarding these symptoms be additionally helpful in a rapid determination of disability, due to their obvious, "physical" nature--and should they be included as a factor in my application...or would that interfere with my attempt to obtain "DAC" status based upon my pre-age 22 diagnoses?

Obviously my case is not straightforward or one prone to easy evaluation and standard solutions, and I appreciate all those who have taken the time and shown their compassion in offering up detailed and considered, specific and informed advice so far. I have made it this far. I'm not giving up.


So you are at least age 40.

When did your father die?

Did you work after age 22 and were you paid the prevailing wage for the job that you did? Did you perform Substantial Gainful Activity after age 22? Did you work and make the same amount of money for the same job that others were making in a regular job and were you able to keep any job for over six months? You would also have to provide specific information about each job you have held since age 22.

The diagnosis is not as important as the symptoms and if the symptoms did not stop you from being gainfully employed for any length of time for the past 20 years, then SSA would deny your DAC claim for performing SGA after onset. Since you say you are going to take a different route, I assume that you have already been denied SSDI on your own work record or SSI (low income program) and SSA has already found that you are not disabled today.

Now if you had Down's syndrome or severe cerebral palsy or some other condition that started as a child and you NEVER were able to work like everyone else, then you would have a better chance of qualifying. It is not as hard to prove with some conditions that you have the same level of functioning before age 22 as you do at age 40. But for a person who has gotten progressively worse over time (and aging does that too), being unable to work today does not prove that you were unable to work before age 22 and were never able to work since.

Assuming that you never worked at an SGA level (EVER) and your father is insured for Social Security benefits and you are unmarried, you could file a DAC claim, but why on earth would you decide to hold back the evidence that proves your case at the initial level? That makes zero sense to me. The medical evidence would also have to show that you never had any improvement in functioning (back to the Down's syndrome example).

But even DAC claims are not retroactive more than 12 months before filing and you cannot be entitled before your father's date of death or date of entitlement to retirement or disability. Because until he died or became entitled to disability or retirement, he could still go to work and support you.
 

Onderzoek

Member
I just re-read your previous posts.

Today is June 27 and if you don't establish an intent to file a new claim for SSI benefits before the end of June 2013, you have just given up one month's potential payment. If you spend all day today working on an online SSDI claim and an online disability report, you could submit it electronically before the end of the month. All you have to do is answer question. Someone will then contact you to take an SSI application if you say you want SSI also. You can also allege your onset as of age 19 and give your father's Social Security number.

Then the claim can be started.

Or you can ponder the 'what if's' for days or weeks or months or years again and you will still be at the some point you are now.

There is plenty of time to complete an online disability application before the end of June.
 

ecmst12

Senior Member
You REALLY need to stop starting new threads for every question. Pick one and keep all your questions there.
 

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