i have been on ssi since 2010 (aged 30). I was disabled prior to age 22, but did not know about SSI until that time. I successfully completed a cdr in 2017 and am still on SSI, and am now 40.

My father has applied for his retirements benefits, and I am being required by law to apply for DAC benefits on his record. I have not yet filed my application for DAC benefits, though I have an appointment coming up within a few weeks to begin the process.

I plan on getting married this fall. I will not be eligible for either SSI or any DAC benefits based on my future spouse's income.

I am still disabled, my medical situation has not changed. Here is are my questions:

1) How long can I legally put off filing my DAC application?
2) What happens if I am in the middle of the DAC (or a cdr) process and get married? Will I owe back payments?
3) Can someone just opt-out of the the SSI program without penalty? Can I just call up SSA and say I don't wish to collect SSI anymore?

I do NOT want DAC benefits as it will decrease my mother's benefits significantly as we are hitting the family maximum, and the DAC process may drag on for a year or more.

I know my benefits will stop when I get married, but I do not want to be penalized and lose SSI before I actually get married, or owe back payments if SSA knows I intend to get married. My future spouse and I are live separately and are not common law.

Many thanks, Kaye

Hi Kaye,

To answer your first question, you aren't legally required to file for disabled adult child (DAC) benefits at all. However, if you don't file, then Social Security can stop paying you Supplemental Security Income (SSI). The reason for that is that SSI is a needs based benefit intended as a last resort source of income for people who are blind, disabled or age 65 or older, so if a person is eligible for other benefits they must file for those benefits as a condition for SSI eligibility.

If you're potentially eligible for DAC benefits and you refuse to apply for them, then Social Security can stop your SSI payments 30 days after you're notified of your potential eligibility for DAC benefits (https://secure.ssa.gov/apps10/poms.nsf/lnx/0500510001).

If you do decide to apply for DAC benefits and you get married while your claim is pending, then yes you could be paid back pay for any months of DAC entitlement prior to the month of your marriage. And, yes, you can voluntarily terminate your SSI eligibility by submitting a written request to that effect to Social Security.

Best, Jerry