28Jan

Can children get Social Security benefits because of disabled parent?

By Tomasz Stasiuk, January 28th, 2009 | Auxiliary Benefits, Building a Case | 225 Comments

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?

This is governed by 20 CFR 404.350 “Who is entitled to children’s benefits”

(a) General. You are entitled to child’s benefits on the earnings record of an insured person who is entitled to old-age or disability benefits or who has died if:

(1) You are the insured person’s child, based upon a relationship described in §§404.355 through 404.359;
(2) You are dependent on the insured, as defined in §§404.360 through 404.365;
(3) You apply;
(4) You are unmarried; and
(5) You are under age 18; you are 18 years old or older and have a disability that began before you became 22 years old; or you are 18 years or older and qualify for benefits as a full-time student as described in §404.367.

So, if you are disabled, receiving Disability Insurance benefits from Social Security, and have an unmarried child under 18, they should already be receiving children’s benefits. If not, apply for them.

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.

http://www.Planet10Tech.com TomaszStasiuk

I discuss taxability of Social Security disability benefits here: http://www.socialsecurityinsider.com/2009/10/are-social-security-disability-benefits-taxable/

However, that is not tax advice. You should check with your tax preparer for a definitive answer.
Cwilliams_48

my two children get disability benefits from their father. when we were together he had a vasectomy, he since has remarried and let his new wife get pregnant and he put his name on the birth certificate, he then put this child on the case to get benefits, is this legal..shouldnt it be a blood child? i find this not fair as the child lives with him and he gets the benefits.
http://www.Planet10Tech.com TomaszStasiuk

As you already know, an additional child can reduce the amount of auxiliary benefits paid: http://www.socialsecurityinsider.com/2011/06/what-happens-to-my-childs-social-security-benefits-if-my-ex-has-another-child/

Also, adopted children *can* receive auxiliary benefits if the adopting parent is disabled: http://www.socialsecurityinsider.com/2010/01/can-adopted-children-receive-social-security-benefits-because-of-parents-disability/

In the case of adoption, the added child could reduce the amount paid to other auxiliary beneficiaries.

I can’t tell you if what is going on is legal or not in your specific set of circumstances. I encourage you to contact Social Security with your concerns.
Hionmillers

hi my dad was get ssid before i was 18 i am now 26 n never got a dime when i was younger am i able to file for the check i should have gotto
http://www.stasiukfirm.com/ TomaszStasiuk

All I can say is contact SSA ( 1-800-772-1213 ) and see what they tell you. Good luck!
Adavidson

My kids get SSI from their dad, who does not live with us. Can I claim the kids on my income tax form as my dependents and they still will get their SSI payments? We have shared custody legally, but they actually live with me. He has claimed them in the past, but I think I should be able to claim them. I don’t want to do that if they will lose their SSI, but I want to get the tax exemption for them if I can.
Gpearson55

My son is divorced, has shared custody, and is managing conservator of my grandchild. His ex-wife is receiving SSDI. Can my son apply for payments for my grandchild, off of his ex-wife’s SSDI. Also, I’m not sure if his ex-wife is receiving a check for my grandchild off of her SSDI or not…but if she is…would my son still be able to apply for it too? (My son is primary care taker of my grandchild, and his ex-wife gets every other weekend and 2 hrs. on Wednesdays)
Alexiel46

My father is disabled , i receive a check each month becuase of this, do I have to live with a parent to receive this check or can i live on my own and still get the check?
Danielle Sapienza

what is my child lives out of state with their mother?
http://www.stasiukfirm.com/ TomaszStasiuk

A child does not have to live with the disabled parent to be eligible for auxiliary benefits: http://www.socialsecurityinsider.com/2010/06/social-security-auxiliary-benefits-for-children-in-a-separate-household/
URIEGAS

It is money to help out, but you have the right to get some of it and save it, but be sure you don’t have it, when you turn 18 because the Government will want it back for not using it.
URIEGAS

Yes, because he’s still their father and he should also be paying you child support.
URIEGAS

Correction, if it’s SSD then they should get their share, but if he gets SSI then they don’t get anything except child support money.
URIEGAS

Same thing happen to our son, but his money was added on to the benefits of my wife and daughter, so no money wasn’t lost to the family.
URIEGAS

Your mother may be getting your money and not telling you it is there.
URIEGAS

I think they were kicked by the Giants this year and they ( the Giants ) are Super Bowl Champions something the Cowboys only dream off becoming..
URIEGAS

It’s more about the money these days.
URIEGAS

No unless he wants to pay your way.
URIEGAS

You have to pay child support until the child reaches 18 years of age and that’s the way it’s going to be until the Laws are changed, but that will never happen.
URIEGAS

If they want to go to college they need to get money from the mother or father because they won’t get money for their college education from the Government unless they apply for a Grant.
URIEGAS

If she was working and had enough credits then it’s possible the child can get some money and even the father too can get a check since he has the child.
URIEGAS

If he adopted the two children that aren’t his then the money will be divided into four parts and the same amount would be divided for two children that are his, if the other two aren’t included..
URIEGAS

If he adopted his stepchild then he has the right to ask for half to go to her. Sounds like he doesn’t love his real daughter and would take it all away from her, if he could within the Law.
Latara Thomas

I live in the state of Virginia and I am getting Title 2 disability benefits. My children began receiving aux benefits as soon as I began receiving payment. Then a half year later, my husband who also lives in the same house as us began receiving title 2 benefits under his own record due to disability. At first the social security office lied and said my children can only get benefits under 1 record no matter if both parents are disabled and receiving their own benefits and then after doing countless hours of research and learning that was a lie I contacted them and they began paying my children under their father’s record. Here is my question: I have read that the family maximum is to be combined if both husband and wife are together in the same household, and both receiving social security Title 2 benefits, (Social Security Code of Federal Regulations Section 404.403) is this true? If so, are children are supposed to receive 1 half each parents benefit amount just as long as it is within the family maximum?
Faithhonestyhope

Hello. I wanted to respond to you because I was a minor when my mom began receiving aux benefits for me and she wasn’t giving me anything and I thought this wasn’t fair, so I contacted social security myself to get answers. I was told by 5 different reps that as long as I was a minor and she had bills there was no way to fight what she did with the money (just as long as the amount of her bills were consistent with the checks.) So if the rent was $600 and food, lights and other bills equaled to $600, and the checks totaled to $1,200 this meant the checks were well spent. They said because my mom took care of me, and because the things I described above were necessary for me to be taken care of, then it was enough to prove the money was spent on me. I found it to be a crock of B.S. especially when she had the money to do other things that weren’t necessary, but since I was a minor I couldn’t do anything about it.