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Fri
11
Sep '09

Manarola, Italy: Childhood Disability Benefits (DAC)

Manarola, Italy

Manarola, Italy

Hello Friends

I’m checking in from one of the most beautiful places I have ever been – Manarola, Italy. I received the following question about Childhood Disability Benefits (DAC).

Dear Ben,

Several years ago my father died when I was 19 and I started to receive DAC benefits (I think they’re officially Childhood Disability Benefits) based on his record. But when I got married three years ago, the benefits stopped. I just got divorced and was wondering if I could start up the DAC benefits again on my father’s record since I’m no longer married. I’m still disabled and haven’t been able to work. Also, my mother who is 63 has been working all her life but is retiring and will be applying for retirement social security soon – can I get anything because she’s retiring?

Bruce
Bosstown, WI

Manarola, Italy

Manarola, Italy

Dear Bruce,

Unfortunately, you cannot receive benefits again on your father’s record. Re-entitlement on the same earnings record for a DAC is not possible after a marriage that ended by death or divorce. (POMS RS 00203.015A)

However, it sounds like you may be able to be entitled as a DAC on your mother’s record once she starts receiving Social Security retirement benefits. If a former DAC beneficiary is not married, she/he may be newly eligible on the other parent’s record because the rules for initial entitlement rather than re-entitlement apply. (POMS RS 00203.020)

Also note that if a DAC marries a person who is entitled to a Social Security Title II benefit (retirement, survivor, auxiliary, or disability but not child benefits for someone under 18), DAC benefits would continue. (POMS RS 00203.035A3)

So be sure to contact your local Social Security office when your mother applies for retirement to start the disability application process for yourself.

Ben

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