Notable Disability Case: 49 Year Old Found Disabled Prior to 22

Schad and Schad represented a 49 year old individual born with cerebral palsy who  had applied for disability in 1984 and had been denied. 

Under Social Security law, a child disabled prior to the age of 22 may draw off of the disability or retirement benefits of a parent.  In most cases, it is impossible to claim disability prior to a 22nd birthday because an applicant invariably makes a work attempt that precludes a finding of disability.  

However, for this individual, the disability was so severe he was never able to work in any capacity in his adult life.   Shuffled between mental health facilities, the individual had been homeless for the better part of 30 years, estranged from his family.  

After reuniting the client with his family, Schad and Schad learned that the father of the individual had recently retired.  Based on the lack of work history, we were able to reopen the 1984 application for SSI benefits and successfully argue that disability began prior to the age of 22.  The Judge found for our client, stating that disability began in 1982- before the age of 22.  The client now draws benefits off of the retired father. Finally, after 30+ years, our client has a stable living arrangement and the prospect at a bright future.