Can children get Social Security benefits because of disabled parent?
If an individual is disabled and entitled to Social Security Title 2 benefits – also called Disability Insurance benefits, his or her minor children can also receive benefits from Social Security.
These benefits are called “auxiliary benefits” by Social Security.
It is important to remember that auxiliary benefits are only available if the disabled parent (disabled mother or disabled father) is receiving Disability Insurance benefits. There are no auxiliary benefits when the disable parent is receiving Social Security Title 16 Supplemental Security Income (SSI) benefits.
Other than the parent being disabled, what else do you need to receive children’s benefits?
Can you receive Social Security benefits if your husband or wife dies?
If your husband or wife dies, you may wonder if you can receive Social Security benefits based on your spouse’s contribution to Social Security. This is especially important if your spouse made more money than you, or if your spouse was the sole earner and you did not work. Many worry that if they cannot receive Social Security based on their spouse’s earnings, they may not be able to get Social Security.
For most people, here is what you need to know to answer the question whether you can get Social Security survivors’ benefits after your spouse dies. Most survivor’s benefit claims depend on meeting one of two requirements:
You have to be 60 years old, or
You have to be at least 50 years old and be found disabled by Social Security.
There are additional requirement, such as the duration of the marriage, or the disability starting within 7 years of the spouses death. These are outlined below.
Note: Even if you do not meet either of the Survivor’s Benefits criteria above, you still may be eligible for Social Security Parent’s Benefits if you are taking care of a child. This post reviews the benefits available for widows/ers and children.
When should I hire a lawyer?
Here is a frequent question:
When should I hire an attorney to help me on Social Security disability benefits case?
Imagine you are skydiving for the first time. Would you wait until you are in the plane going up for your first jump before asking how to open the parachute?
You may already know that many attorneys will not take a case until the initial application has been denied. But that is not always the case!
You can hire an attorney at any time:
Before you apply. Some attorneys will help you apply and complete all the necessary paperwork and documents, online or offline.
After you apply. After the application is completed and you have a receipt for your application, the attorney helps you gather evidence for Social Security’s initial review of your case.
After the initial denial. This is when most people get an attorney. If you have been denied, the attorney helps you appeal the denial and build up your case for the hearing with an administrative law judge (ALJ).
Once the hearing is scheduled / After the hearing has been continued. CAUTION
After the hearing denial. DANGER
Since I would not recommend learning how to skydive on the way up to your first jump, I believe you should hire a lawyer before steps 4 and 5.
Now that we have covered when you can hire a lawyer, let’s talk about when you should hire a lawyer.
How to diagnose fibromyalgia
It can be very difficult to win Social Security disability benefits based on fibromyalgia. However, it can be done!
While Social Security no longer considers fibromyalgia as a “imaginary” condition, or a “junk” diagnosis, you still need to make sure the diagnosis of fibromyalgia is backed up by medical findings.
I have reviewed many medical records which mention fibromyalgia, but don’t say how the doctor made the diagnosis. There is no mention of physical examinations or findings. Social Security may throw out the diagnosis because of a lack of medical support.
Without a diagnosis, all you have are symptoms and Social Security cannot approve disability benefits on symptoms alone.
This can stop a case dead in its tracks!
So, what do you need to properly diagnosis fibromyalgia?
Why can’t I find a lawyer to appeal a hearing denial?
Did you represent yourself at your Social Security disability hearing? If you were denied, you may find it is difficult to find a lawyer to represent you.
Sadly, this is a common problem. It is much harder to hire an attorney after you been denied.
Why?
It all comes down to TIME! You only have 65 day to appeal a hearing denial (5 days to receive the notice, and 60 days to get the appeal to Social Security). Note: the appeal must be received by the deadline. Postmarked by the deadline is not enough.
65 days is not a lot of time for a lawyer to do the following:
Review the hearing decision.
Review the exhibit file.
Review …
Should I see a specialist when applying for Social Security?
I am often asked whether seeing a specialist will help in a Social Security disability case.
Do I need to see a specialist? I have my own doctor. What else can a specialist tell me about my case? How can they help?
I have seen numerous cases where Social Security has downplayed the opinion of a treating physician because the doctor is not a specialist!
I have even seen some cases where the Judge rejected the primary care provider’s opinion at hearing because he thought the doctor was just “saying what the patient wanted the doctor to say.”
A lot of these problems can be eliminated with a specialist’s evaluation and medical opinion.
Life with Asperger’s Syndrome
I came across this story about the joys and hardships of living with a child with Asperger’s Syndrome. I just wanted to share it with you.
Life with Asperger’s Syndrome can be very confusing. Many days, Caleb is very high functioning and you would never expect that there is something different about the wiring in his brain. Other days, it’s quite obvious that this child has some real issues.
….
As a parent of a special needs child I have learned that I must command authority and respect. I can not let my child use his diagnosis as an excuse to misbehave on a daily basis. I see that all to often …
Gordon Gates on “the 11 Percent ALJ”
Social Security attorney Gordon Gates wrote about a Social Security Administrative Law Judge (ALJ) who only approves 11 percent of cases.
In trying to find some insight in to how this ALJ could only approve 11% of cases when most other ALJs approve somewhere between 45-60% of cases, Gordon found the following post from the ALJ on a high profile public website:
Some doctors go overboard on diagnoses and treatment because they sense the “pot of gold” in having a fairly young patient on Medicare for many years to come with a reliable source of payment for constant treatment.
Lawyers and other non-attorney representative can receive fees as a percentage of the back benefits awarded to a claimant. Once a claimant has a legal representative, one can actually track how the alleged impairments become much worse, with new impairments and symptoms added as the case matures.
A judge with some experience can almost recite verbatim the same story we hear from virtually EVERY claimant, suggesting they have received training from the national organization of the claimants attorneys. The government is complicit in this boondoggle, because the Social Security Administration actually publishes lists of symptoms for various impairments in the form of rules for judges to follow. Is it any wonder we hear those lists of symptoms at almost every hearing?
The Judge’s quote is quite lengthy and covers a number of topics. I encourage you to read it in Gordon’s article: The 11 Percent ALJ.
While I can agree with the Judge on several points in the longer quote, I strongly disagree with what the Judge says above.
Let’s set ‘em up and knock ‘em down!
Retire Online! – SSA launches FAST online retirement applications
Social Security launches a new, faster, way to apply for retirement benefits, online.
“Social Security’s new online retirement application can be completed in as little as 15 minutes from the comfort of your home or office,” Commissioner Astrue said. “Filing online means there’s no need to drive to a local Social Security office or wait for an appointment with a Social Security representative.
To see a demonstration of Social Security’s online retirement application and to view the new public service announcements featuring Patty Duke as cousins Patty and Cathy Lane, go to www.socialsecurity.gov/pattyduke.
Actually, the link in …
How long does it take to get an Appeals Council decision?
If you have been denied at your Social Security hearing in front of an Administrative Law Judge (ALJ), you may end up having to file an appeal to the Social Security Appeals Council.
In my experience handling Social Security disability cases in Colorado, it can take between 6 – 18 months to get a decision back from the Appeals Council.
However, even if you “win” the appeal, that is not the end of your case. In the vast majority of cases, the Appeals Council does not approve benefits outright. Normally, they simply send the case back for another hearing with instructions to the ALJ on what should be …
What constitutes “fleeing” in a fugitive felon cessation cases?
I previously wrote about how Social Security can stop benefits if a person is a fleeing or fugitive felon.
The courts have been wrestling with the question of whether an outstanding arrest warrant (not a conviction, just the arrest warrant) is enough to make a person a “fleeing felon.”
NSCLC Website writes about a court’s rejection of Social Security claiming a person was “fleeing” in order to stop their benefits.
Another court, this time in Tennessee, has rejected the Social Security Administration’s (SSA) position that it can suspend Supplemental Security Income (SSI) benefits by relying on the existence of an outstanding …
Your turn: what would you like to see?
It is a new year and a new chance to better meet your needs!
Whether this your first visit to my site or you have been reading from day 1…
What would you like to see on this site?
What would you like to read about?
What have we not covered?
What would you like covered in more depth?
What would you like expained?
Do not worry if you have not read all the articles.
Just tell me what you want to see, and it will guide me in the new …
Long Social Security hearing delays? “Blame the judges!”
The long wait times in Social Security cases are prompting a backlash against Administrative Law Judges (ALJs) in Social Security cases.
Across the country, it takes an average of 480 days to get a judge’s ruling on a Social Security disability claim — but 650 days if your case is in Portland.
The problems in Portland reflect a broader national crisis, according to Social Security Administration records … Only about half the agency’s administrative law judges meet its minimum goal of clearing 500 cases a year.
….
In October 2007, Social Security Commissioner Michael J. Astrue met with a delegation of judges from around the country and … complained that many were not productive enough, according to the union that represents the judges. Astrue also accused them of not wanting to be subjected to any professional standards.
The commissioner has testified before Congress that the bulk of administrative law judges are hardworking. But he has griped about underachievers, and the agency set performance goals that ask judges to clear 500 to 700 cases a year..
Grab the pitch forks! Light the torches! It’s the judges’ fault!
Of course, things are not that simple.
